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Old 03-25-2014, 05:48 PM   #1
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Legal question


I know each state and province vary but laws are similar. This is about contractor's rights. The situation: after 69 hours of work by two people, the home owner (the very picky type) wasn't happy with the drywall job and wanted a new contractor. The contractor was a "handyman" and it was stated up fromt that they were not professional drywallers, plumbers, eletricians, etc. and that they wwere just handy "jack of all trades". The end result was a settlement of $1000 versus almost two weeks pay for labour. The question is the reverse of most situations in that usually the customer goes after the contractor for money paid or some other situation. In this case, could the contractor have gone after the customer, regardless of the quality of work, and expect payment for the number of hours worked? No deposit or progress payment was received.The situation is in the past but as I know several of you have had some similar situations over the years, I'd be interested in hearing the story and results.
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Old 03-25-2014, 06:16 PM   #2
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Legal question


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Originally Posted by Mark Harvey View Post
I know each state and province vary but laws are similar. This is about contractor's rights. The situation: after 69 hours of work by two people, the home owner (the very picky type) wasn't happy with the drywall job and wanted a new contractor. The contractor was a "handyman" and it was stated up fromt that they were not professional drywallers, plumbers, eletricians, etc. and that they wwere just handy "jack of all trades". The end result was a settlement of $1000 versus almost two weeks pay for labour. The question is the reverse of most situations in that usually the customer goes after the contractor for money paid or some other situation. In this case, could the contractor have gone after the customer, regardless of the quality of work, and expect payment for the number of hours worked? No deposit or progress payment was received.The situation is in the past but as I know several of you have had some similar situations over the years, I'd be interested in hearing the story and results.
Thanks.
Ayuh,.... in a word,.... Nope,...

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Old 03-25-2014, 06:44 PM   #3
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Legal question


If there was no 'settlement' the contractor could have filed a lien in most places. I do not know all the legalities of lien filing.
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Old 03-25-2014, 07:09 PM   #4
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was there a contract involved stating the said work and cost....or was it a cash deal... signed contracts between 2 parties are a legal document in just about every court...cash deals well he said she said......
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Old 03-25-2014, 09:40 PM   #5
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Legal question


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could the contractor have gone after the customer, regardless of the quality of work, and expect payment

You can sue anybody you want, but that does not mean you will win in court. If you are doing the work for money, you likely are going to be expected to have a certain amount of competence in that work. So it would depend on how well you present your case to the judge that the work was being done to the lower level of quality that had been promised. And how well the homeowner presents his case that he was not looking for "perfect", but his seven year old daughter could do better work than that fellow. If the homeowner can only say "it looked shoddy" without demonstrating exactly why it was so bad, then he is going to lose. If the work was shoddy, and the homeowner can prove it, the homeowner will win.

And if it was work that a license or permit was required for, and did not have, then your chances are extremely thin.

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Old 03-26-2014, 12:52 AM   #6
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Legal question


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I do not know all the legalities of lien filing.
In California, you must file a preliminary notice of lien, and prove that it was given to or mailed to the property owner. No preliminary notice, no lien.

You must be either a contractor or supplier to file lien. A handy man cannot.

(There is no such thing as a licensed handy man in California. A handy man is limited to jobs worth less than 500 in labor and materials. Taking on a single job over $500 is contracting without a license.)

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