Legal Question in Construction Law in California

defunct contractor

A subcontractor business has

recently closed unexpectedly without

completing work. Unfortunately, I

had given him around $50,000 to

purchase equipment for the house. I

also had given him $40,000 worth of

my own equipment to install (but is

still at his warehouse). The office is

closed and all the phone numbers

have been disconnected. How should

I proceed? How can I at least get

my equipment, if not the money?

Thanks.


Asked on 8/14/07, 11:46 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: defunct contractor

With difficulty. File suit and seek a court order for return/possession of the property and money. You're going to need counsel to do it right. If they are defunct, meaning broke, you know the answer to getting back any money - it will depend on whether you can get to the owners' assets. Feel free to contact me if interested.

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Answered on 8/15/07, 2:17 pm
Cathy Cowin Law Offices of Cathy Cowin

Re: defunct contractor

Call - quick! This sounds like the money and the equipment are going somewhere or he's filing bankruptcy or something else very soon. My office is in Fresno and I would be pleased to talk to you about this case. If I'm not close enough, call a reputable attorney in your area and don't wait.

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Answered on 8/15/07, 12:05 am
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: defunct contractor

Sounds like he's heading for bankruptcy. Also sounds like you did not require a performance bond on which you could now make a claim.

So the next step would be to check your contract with him to see what means of dispute resolution you agreed to use. If you agreed to arbitration, start that process now. If you did not, now would be a fine time to file an unlimited civil lawsuit in Superior Court for breach of contract and conversion (theft of your "equipment") and seeking both damages ($50,000+) and replevin (return of your "equipment.")

Of course, you should see a local attorney asap.

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Answered on 8/15/07, 12:13 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: defunct contractor

File suit immediately for conversion in addition to breach of contract, get an injunction to prevent defendant from stopping you from taking the equipment back and a lien on all equipment in the warehouse. Contact me directly. 1.619.222.3504.

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Answered on 8/15/07, 10:43 am


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