Legal Question in Business Law in Florida

Personal Tools Being Held By New Boss

I worked with a contractor, I had some of my own tools and while on a new job he bought me some more tools. Tools to use on this job and future jobs. He defaulted on the job contract and the person the contract is with kept me on the job. Now that the job is nearing completion he tells me that his lawyers are saying that he must keep my tools for one year because the contractor that I previously worked for defaulted on the contract. These tools came with me and were given to me and now this person is keeping my tools hostage. I need these tools to work on my next job. Is this legal?


Asked on 1/15/05, 12:49 am

1 Answer from Attorneys
Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: Personal Tools Being Held By New Boss

You will have to establish original and current ownership of the tools. If they are, in fact, your tools and not that of the contractor which abandoned the contract, then attaching those tools is wrong. Moreover, attaching those tools, absent a contractual provision to do so, and before a judgment is entered, is premature and might be considered to be conversion or civil theft.

In any event there are more details that can change the legal outcome to your question, not present in the fact pattern. You should see a local attorney who is experienced in property and contract law.

Good luck to you Sir.

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Answered on 1/23/05, 1:03 pm


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