Legal Question in Civil Litigation in Indiana

We signed a contract with a waterproofing company. Twice now we have caught the company claiming to have done the work in the contract (I.E. digging and sealing cracks) when they have not. We contacted our city inspector to get help and found the company had not obtained a permit. The city said they would not be able to approve the system. The work was supposed to be done in 14 days from start to finish. It has been 27days so far. I told the company they could not return without the permit. The city won't issue one based on the contract because some of the work is done and uninspectable. They also drilled holes in my foundation which was non-contractual. Now they keep tryong to get us to agree to having the city look at the remianing work to be done and get a permit for that. I told the company that the permit needs to be for the entire system so that the entire system is approved by the city. I have no faith in their work after twice being told they did work they had not done. Everyone says the company will put a lein on our home. I never said I wouldn't pay if they got a permit for the entirety of the work to be done, wether that means starting over or whatever the city requires. Do we have a case against the company? Can they put a lein on the property?


Asked on 10/21/10, 8:16 am

1 Answer from Attorneys

Yes and yes.

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Answered on 10/27/10, 4:24 am


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