Legal Question in Construction Law in United States

Last August, I hired a contractor. He was to remove and replace the basement and oil burner, after a burst pipe caused a leak and there was black mold. The insurance company cut a check and he was given the money. UP FRONT...my biggest mistake. So, it is now about to be July, 1 year later, and all that has been done is framing and electric. He continues to have excuses. What do I do?


Asked on 6/28/15, 6:33 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Troubled: So sorry to learn of your problem. Contact and retain an experienced construction /real estate lawyer (with guts) in your jurisdiction. Since you didn't indicate your city or state, I am unable to advise regarding the specific laws alicable, but the laws of conversion, fraud and misrepresentation are very similar,as are your rights.

You'll have to terminate your errant contractor, demand refund, etc. which is probably pointless, unless he has assets and is collectable, since many fly-by-night contractors aren't collectable and frequently seek protection in the bankruptcy court. BUT, that attempt can be overcome with a showing of criminal intent to defraud, etc. Your Attorney should know what to do..

Call the Attorney ASAP. Good luck and don't let up!!!

Sincerely,

J. Norman Stark

�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�

J. NORMAN STARK, ATTORNEY*

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]

*Author: The Construction Claims Investigation Worklist�

***

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Answered on 6/28/15, 7:12 am


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