Legal Question in Credit and Debt Law in Maine

Should I pay bill in question or not

I had a contractor develop land to put my mobile home on. He did not measure the front set back before putting the concrete pad in. The City of Auburn said the pad was too close to the road and had to be moved. The contractor charged us for a second concrete pad ($4300) and we just got the bill. If I don't pay this I am afraid my good credit will be ruined but since it was the contractor's mistake I don't want to pay for the second concrete pad. I want to challenge the bill but don't know what to do. I have paid the bulk of the bill so far. The original amount was about $18,000 and I paid $16,000 of it. The remaining $2,000 is left (because he has not finished putting in the driveway and lawn). Plus, now he says we owe for the $4300 mistake (extra). Thank you


Asked on 11/09/05, 6:22 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Should I pay bill in question or not

The average person would assume that the sub contractor that is hired to install a foundation would be responsible for placement of that foundation within local zoning/code. I think that without any facts, evidence or contract language to the contrary, that assumption is a legally supportable position. However, it is important to review the language of your contract to be sure of the exact scope of work that the sub contractor agreed to perform, and if that includes site placement. If there is not a written contract, or it if does not comply with the Home Construction Contract Act, then you may have additional causes of action to assert against the sub contractor. You can go to the Maine Atty General website to review the Home Construction Contract Act to compare it to your contract.

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Answered on 11/09/05, 8:23 am


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