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Bros, need your advice on a LEGAL matter involving a CONTRACT

I know it's a lot, please bear with me. I'm a lawyer but ha...
orange cheese-eating church building striped hyena
  08/17/17
contractor breached the K by doing shoddy work and doing jac...
cruel-hearted bbw
  08/17/17
tend to agree. Another way to look at it--> Contr...
Contagious pit
  08/17/17
ty brother
orange cheese-eating church building striped hyena
  08/17/17
ty brother
orange cheese-eating church building striped hyena
  08/17/17
did your dad get 30k worth of work? or is the work so shitty...
cruel-hearted bbw
  08/17/17
I don't think my dad is looking to recover the $30k.
orange cheese-eating church building striped hyena
  08/17/17
then he can prob just tell the contractor to fuck off and su...
cruel-hearted bbw
  08/17/17
SCC limit s $5k
orange cheese-eating church building striped hyena
  08/17/17
shitlib state? dont think a SCC judge is gonna be sympatheti...
cruel-hearted bbw
  08/17/17
Oh I've got pics
orange cheese-eating church building striped hyena
  08/17/17
You done fucked up by already paying him 30k. With contracto...
rusted gaming laptop
  08/17/17
Without having read anything in the OP, was there a meeting ...
Smoky whorehouse
  08/17/17
...
slap-happy thriller travel guidebook reading party
  08/17/17
...
Big-titted beady-eyed trailer park place of business
  08/17/17
Does the guy have a state-issued contractor's license? If he...
Underhanded passionate range
  08/17/17
Yeah, there is an agency that handles these issues. I've loo...
orange cheese-eating church building striped hyena
  08/17/17
Be careful. Their decisions may have claim preclusive effect...
iridescent casino
  08/17/17
Good point, but I don't think my dad is looking to sue
orange cheese-eating church building striped hyena
  08/17/17
Some states have recovery or protection funds. Look that up ...
iridescent casino
  08/17/17
The state issues the license. Just look up [insert state] co...
Underhanded passionate range
  08/17/17
should have been the first comment. CSLB complaint is TCR.
Startling hairy legs
  08/18/17
Good thing I'm a literal construction lawyer (at least prima...
iridescent casino
  08/17/17
ty friend. I appreciate your input.
orange cheese-eating church building striped hyena
  08/17/17
AN ANALYSIS IS PERFORMED!
Mind-boggling Carnelian Stead
  08/17/17
...
cruel-hearted bbw
  08/18/17
a CONTRACT you say? *0.7" reddened microdick perks ...
Bisexual turquoise principal's office
  08/17/17
I dealt with something similar but not. Dude installed a fl...
Appetizing chocolate water buffalo
  08/17/17
This is a good point that I didn't address above. In some st...
iridescent casino
  08/18/17
What is the Right to Cure? If my dad alleges a defect, what...
orange cheese-eating church building striped hyena
  08/18/17
argue his awareness of the fuck ups combined with his 2 week...
cruel-hearted bbw
  08/18/17
Quick way to tell whether my state (Maryland) is a right to ...
orange cheese-eating church building striped hyena
  08/18/17
I don't know. But this might be worth tracking down: http...
iridescent casino
  08/18/17
Oh yeah, I've got that, as well as other provisions governin...
orange cheese-eating church building striped hyena
  08/18/17
This is sometimes dealt with at the statutory level. As a...
iridescent casino
  08/18/17
There's nothing in the contract about it. I've been familia...
orange cheese-eating church building striped hyena
  08/18/17
State right-to-cure statutes usually require certain notices...
iridescent casino
  08/18/17
sounds like your dad got styled on by a blue collar bro
heady bespoke locus fanboi
  08/18/17
If the guy files a lien (4 months on residential in NY) your...
ebony lascivious temple sweet tailpipe
  08/18/17
I'd like to express my thank to all the bros ITT. I was anx...
orange cheese-eating church building striped hyena
  08/20/17
180
cruel-hearted bbw
  08/20/17


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Reply Favorite

Date: August 17th, 2017 9:05 PM
Author: orange cheese-eating church building striped hyena

I know it's a lot, please bear with me. I'm a lawyer but haven't dealt with this shit since 1L year. Thank.

My dad hired a contractor to demolish his wooden deck and asphalt driveway and replace then with a concrete deck and driveway. The contractor was also supposed to do work relating to drainage and refinishing the front porch and pathway. The price for this work was $38.5k.

Work started on June 13. There was no payment schedule listed in the contract, and no specific deadline was set. My dad paid $15k upfront and another $15k a few days after work started. He was told he had to make the second payment to "lock in the price of concrete." (This is relevant later). Work proceeded but was slow at times (i.e., stretches when nobody showing up at the house for a few days).

On July 25, the project was ready for concrete to be poured. The workers who showed up that day to do some finalizing expected it to happen the next day. However, the contractor called that afternoon to say that he needed another $4k. My dad said no, I've already locked in the price of concrete, you'll get the rest when you finish. The contractor responded that he'd put the concrete delivery on hold. Nobody showed up and no work was done on the 26th, 27th, or 28th. The evening of the 28th, my dad sent a letter via email to the contractor saying that there had already been some delays, and now it seemed like the the contractor was obstructing for no reason. He told the contractor that if he again failed to advance the project, the contract would be terminated. The contractor responded by saying that concrete would be poured on Aug 1.

Concrete was poured on Aug 1, and the next day some additional refinishing work was done and the form boards used to mark the concrete borders were removed. However, from August 3 to 16, no further work was done, and the contractor did not communicate anything during this time. The work that has yet to be completed includes the drainage, front steps, front path, and some other stuff. He also needs to fix the GIANT FUCKING CRACK in one section of concrete and ridiculously shoddy finish in another.

My dad emailed him on the evening of the 16th to say that the contract was terminated because the contractor had not done or said anything in two weeks. The contractor is getting pissy and claiming breach because there was no specific deadline in the contract.

Under the contract, my dad still owes $8500.

What do you bros think? Did my dad breach or did this contractor constructively breach or what?

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014679)



Reply Favorite

Date: August 17th, 2017 9:08 PM
Author: cruel-hearted bbw

contractor breached the K by doing shoddy work and doing jack shit for 2 weeks.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014700)



Reply Favorite

Date: August 17th, 2017 9:12 PM
Author: Contagious pit

tend to agree.

Another way to look at it-->

Contractor was playing the-who-breaches-first game and dad called him on it and he called chicken by pouring the concrete then went back to breach--

I think dad is probably in the clear and contractor fucked up. Based on what you've presented.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014732)



Reply Favorite

Date: August 17th, 2017 9:17 PM
Author: orange cheese-eating church building striped hyena

ty brother

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014772)



Reply Favorite

Date: August 17th, 2017 9:16 PM
Author: orange cheese-eating church building striped hyena

ty brother

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014763)



Reply Favorite

Date: August 17th, 2017 9:17 PM
Author: cruel-hearted bbw

did your dad get 30k worth of work? or is the work so shitty it's not even worth 30k and he wants to sue for some of it back?

this is one of those situations where possession is 9/10ths of the law. your dad might have a hard time recovering some of his 30k back, but the contractor will have a hard time recovering his 8500.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014766)



Reply Favorite

Date: August 17th, 2017 9:20 PM
Author: orange cheese-eating church building striped hyena

I don't think my dad is looking to recover the $30k.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014807)



Reply Favorite

Date: August 17th, 2017 9:22 PM
Author: cruel-hearted bbw

then he can prob just tell the contractor to fuck off and sue him.

what's the SCC limit in your state? can the contractor even go to SCC over 8500, or does he have to hire an atty and go to real court.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014823)



Reply Favorite

Date: August 17th, 2017 9:23 PM
Author: orange cheese-eating church building striped hyena

SCC limit s $5k

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014841)



Reply Favorite

Date: August 17th, 2017 9:28 PM
Author: cruel-hearted bbw

shitlib state? dont think a SCC judge is gonna be sympathetic to awarding the contractor 5k if your dad brings in pics of cracked shit.

take pics of everything.



(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014881)



Reply Favorite

Date: August 17th, 2017 9:29 PM
Author: orange cheese-eating church building striped hyena

Oh I've got pics

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014893)



Reply Favorite

Date: August 17th, 2017 9:15 PM
Author: rusted gaming laptop

You done fucked up by already paying him 30k. With contractors you pay them in the smallest possible drips and drops you can get away with and if they ask for that much before anything is done you tell them to go fuck themselves. I mean who the fuck is even going to litigate over 30k?

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014755)



Reply Favorite

Date: August 17th, 2017 9:21 PM
Author: Smoky whorehouse

Without having read anything in the OP, was there a meeting of the minds??

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014813)



Reply Favorite

Date: August 17th, 2017 9:40 PM
Author: slap-happy thriller travel guidebook reading party



(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014975)



Reply Favorite

Date: August 17th, 2017 10:16 PM
Author: Big-titted beady-eyed trailer park place of business



(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015283)



Reply Favorite

Date: August 17th, 2017 9:22 PM
Author: Underhanded passionate range

Does the guy have a state-issued contractor's license? If he does, go to the board and have them handle. Possibly get the bonding company to pay for it. If he doesn't have a license, tell him to fuck off as most states require contractors performing X amount to have a state license (amount is generally pretty low like 10k).

Edit: Only read like half of it.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014830)



Reply Favorite

Date: August 17th, 2017 9:28 PM
Author: orange cheese-eating church building striped hyena

Yeah, there is an agency that handles these issues. I've looked into it and may file a complaint

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34014884)



Reply Favorite

Date: August 17th, 2017 9:57 PM
Author: iridescent casino

Be careful. Their decisions may have claim preclusive effect. If you have a contractor-friendly agency, you could kill your lawsuit.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015093)



Reply Favorite

Date: August 17th, 2017 10:14 PM
Author: orange cheese-eating church building striped hyena

Good point, but I don't think my dad is looking to sue

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015258)



Reply Favorite

Date: August 17th, 2017 10:35 PM
Author: iridescent casino

Some states have recovery or protection funds. Look that up before filing any complaint. You want to structure your complaint to fit any associated requirements.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015458)



Reply Favorite

Date: August 17th, 2017 10:33 PM
Author: Underhanded passionate range

The state issues the license. Just look up [insert state] contractors state licensing board.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015436)



Reply Favorite

Date: August 18th, 2017 2:26 AM
Author: Startling hairy legs

should have been the first comment. CSLB complaint is TCR.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34017083)



Reply Favorite

Date: August 17th, 2017 10:28 PM
Author: iridescent casino

Good thing I'm a literal construction lawyer (at least primarily).

"I don't think my dad is looking to sue"

Well, I don't know how much use this will be, but . . .

Issue 1: I assume $38,500 is a fixed price for a specific, well-defined scope of work.

Issue 2: Paying that much up front? LOL.

Issue 3: Does the contractor have lien rights or can he still get them? If so, is there a way to delay or run out the clock on them? You probably don't want to deal with that if you don't have to. But this stuff varies massively by state.

Issue 4: Time for performance if not stated is probably a reasonable time under the conditions for a similarly situated diligent and skillful contractor. This is a consequence of general contract law, the duty of good faith and fair dealing, and the duty of good workmanship, which will generally require diligent prosecution of the work. We don't have enough details, but it probably shouldn't take a month to do the project you described.

Issue 5: Damages are a bit tricky. It's not clear what value of work was performed relative to the amount paid. Assuming they're equal, the additional damages are (a) the cost to correct the work in place and (b) the cost to complete the scope of work not yet completed to the extent it exceeds the contractor's price (which it will). If your dad has effectively paid ahead of the work installed, you'll have to account for that.

Issue 6: Some jurisdictions have special payment and defect notification schemes that apply to construction projects. You need to see what, if any, apply.

"What do you bros think?"

Mostly what I said above.

"Did my dad breach or did this contractor constructively breach or what?"

Contractor probably in first material breach by (a) demanding performance (additional payment) to which he was not entitled and (b) being slow and doing shitwork.

So your dad was probably ok to terminate.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015405)



Reply Favorite

Date: August 17th, 2017 10:56 PM
Author: orange cheese-eating church building striped hyena

ty friend. I appreciate your input.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015591)



Reply Favorite

Date: August 17th, 2017 11:08 PM
Author: Mind-boggling Carnelian Stead

AN ANALYSIS IS PERFORMED!

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015684)



Reply Favorite

Date: August 18th, 2017 2:22 AM
Author: cruel-hearted bbw



(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34017061)



Reply Favorite

Date: August 17th, 2017 10:29 PM
Author: Bisexual turquoise principal's office

a CONTRACT you say?

*0.7" reddened microdick perks up*

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015421)



Reply Favorite

Date: August 17th, 2017 11:10 PM
Author: Appetizing chocolate water buffalo

I dealt with something similar but not. Dude installed a floor and it failed. Gave him several opportunities to fix and work was shit. Went after his bond dude got dropped by his insurance and bond paid me.

Took like a year but whatever

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34015702)



Reply Favorite

Date: August 18th, 2017 2:08 AM
Author: iridescent casino

This is a good point that I didn't address above. In some states, the contractor has a license bond serves as a performance bond. Unfortunately, they're often small.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34016992)



Reply Favorite

Date: August 18th, 2017 2:41 PM
Author: orange cheese-eating church building striped hyena

What is the Right to Cure? If my dad alleges a defect, what rights does the contractor have?

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020522)



Reply Favorite

Date: August 18th, 2017 2:43 PM
Author: cruel-hearted bbw

argue his awareness of the fuck ups combined with his 2 weeks of silence --> waiving oppy to cure

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020540)



Reply Favorite

Date: August 18th, 2017 2:47 PM
Author: orange cheese-eating church building striped hyena

Quick way to tell whether my state (Maryland) is a right to cure state?

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020583)



Reply Favorite

Date: August 18th, 2017 2:52 PM
Author: iridescent casino

I don't know. But this might be worth tracking down:

https://www.dllr.state.md.us/license/mhic/mhiccontracts.shtml

"A contractor cannot accept more than 1/3 of the contract price as a deposit, and may not accept any payment until the contract is signed."

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020619)



Reply Favorite

Date: August 18th, 2017 2:56 PM
Author: orange cheese-eating church building striped hyena

Oh yeah, I've got that, as well as other provisions governing contracts which were not complied with.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020659)



Reply Favorite

Date: August 18th, 2017 2:48 PM
Author: iridescent casino

This is sometimes dealt with at the statutory level.

As a common law matter, it's typically a matter of materiality. In other words, you can terminate a contract for a material (sometimes, "vital") breach. You cannot terminate a contract for an immaterial, minor, etc. breach.

Materiality is determined according to the circumstances, the terms and nature of the contract, and so on.

It's a fuzzy term, but that's what you've got absent a statute or a contract provision on point.

To answer the question: The contractor has the right to do the job and get paid so long as he's not in material breach.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020592)



Reply Favorite

Date: August 18th, 2017 2:52 PM
Author: orange cheese-eating church building striped hyena

There's nothing in the contract about it. I've been familiarizing myself with the relevant regs but I'm only just getting my feet wet.

Is it something that protects the contractor? In other words, right to cure means I can't sue him for defects unless I give him an opportunity to fix, but does not give him any cause of action against me?

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020616)



Reply Favorite

Date: August 18th, 2017 2:57 PM
Author: iridescent casino

State right-to-cure statutes usually require certain notices (along with sometimes picky mailing details) and an opportunity to cure.

The typical scheme imposes a prerequisite to filing suit or provides a defense to the contractor.

I've never heard of a case where the contractor would have an affirmative cause of action against the owner for a violation of such a scheme. But the contractor might be entitled to an award of attorney fees or other expenses.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020665)



Reply Favorite

Date: August 18th, 2017 2:45 PM
Author: heady bespoke locus fanboi

sounds like your dad got styled on by a blue collar bro

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020565)



Reply Favorite

Date: August 18th, 2017 3:03 PM
Author: ebony lascivious temple sweet tailpipe

If the guy files a lien (4 months on residential in NY) your dad might ultimately prevail but he would have to litigate, bond it or let it and the extensions expire.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34020711)



Reply Favorite

Date: August 20th, 2017 5:36 PM
Author: orange cheese-eating church building striped hyena

I'd like to express my thank to all the bros ITT. I was anxious about this whole thing but your comments were useful. Coupled with my own research into the matter, I think this contractor has no claim against my dad, and I think we have a solid basis for a complaint with the state home improvement commission.

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34032636)



Reply Favorite

Date: August 20th, 2017 5:57 PM
Author: cruel-hearted bbw

180

(http://www.autoadmit.com/thread.php?thread_id=3704442&forum_id=2#34032754)