Even sophisticated business people can forget to dot an I or cross a t. Often the business dispute arises from something that the parties did not anticipate, a few words misinterpreted over a hand shake deal, or personality conflicts.
When hiring a contractor or working as a contractor or subcontractor on a piece of property, these misunderstandings often happen in real time and cause real problems. Contractors have significant legal rights and remedies, including putting a lien on the title of property as well as maintaining lawsuits.
I have often found working with many small business owners, such as health care professionals, and renovation contractors, that the best solution to the problem we have seen emerge and needs my help in resolving includes a full revision of the standard contracts the business is using for employees, subcontractors, and clients. Clarity in a contract also means in the event of a dispute you have clarity for a judge to see and enforce.
Early action is essential for building contractors as the Builder’s Lien Act only gives you a limited window to file a claim, and clarity in your contract is also essential in order to enforce that lien. An organized contractor who can specify what is unpaid based on a solid contract will have a swift and cost effective route to resolving the dispute and getting paid. A disorganized contractor with a weak contract may never get paid at all.
The claimants had hired a real estate agent to sell their home. The agent had promised the claimants a reduced commission of $20,000 but also got the client to sign a listing agreement with a commission rate of $43,000. The reduced commission was evidenced by another written agreement but the agent claimed the buyer had […]
Learn MorePlaintiff did contaminated soil removal work on property. The contamination was extensive and had gone onto the neighbor’s property. Owner refused to pay the bill and alleged the bill was unfairly high. The Plaintiff proved the amount of its lien and account and defended all allegations of unfairness.
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