Legal Question in Construction Law in Maine

Contractor suing for reciepts gone unpaid

First off, this case is brought foward by the plaintiff (an indepedent

contractor) who was hired to paint/refinish rooms in two residential homes

both owned by the defendant. The agreement or contract was only completed

verbally. No written contract was ever presented by the contractor.

The defendant claims that the contractor was given the opportunity to live in

one of the homes rent free as payment for work completed on home. The

contractor was told not to purchase anything for the home or any tools in

order to complete any work and to only use tools and materials already

provided.

Contractor is now presenting receipts for unpaid services. Many are for

subcontractors hired by the contractor. Some reciepts are for cigarrettes,

food, and drink consumed by said contractor. Other reciepts are for tools. is

the contractor in favor of getting compensated for all these reciepts? The

plaintiff's attorney wants to move directly into legislation and the defendant

want to go through arbitration/mediation and court as a last resort.

What would be the most prudent route for both parties involved? Court or

mediation and does the contractor have anything of substance for a strong

case?


Asked on 3/24/06, 2:35 am

1 Answer from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Contractor suing for reciepts gone unpaid

Your question is unclear. Is the project in CA or ME?

At any rate, if the contract provides for mandatory binding arbitration, then you need to proceed with arbitration. If it does not, then either party can proceed with litigation (not "legislation").

Compensation for cigarettes and food/drink are is not likely to be awarded, unless the contract specifically provides for such reimbursement. (I cannot imagine it would though.)

Also confusing in your question is that you call the parties "plaintiff" and "defendant". This implies that a lawsuit (i.e. litigation) has already been filed. Yes? If so, then you need to figure out if the contract requires arbitration. If it does, you need to get into court immediately and compel arbitration. You probably need an attorney to do that.

Is the sub still living in the home? If he is, then this raises landlord/tenant issues as well. Not enough space here to even begin getting into those issues.

Sounds like a mess. You need to get yourself to a qualified real estate attorney to figure out what you should do.

Good luck.

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Answered on 3/25/06, 11:37 am


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