Legal Question in Civil Litigation in Pennsylvania

I'm looking for an attorney willing to take a Civil Case on a contingency in Adam's county, PA. for violation of The Home Improvement Protection Act.

Overview of complaint

1. Advertisements (licensed, bonded & Insured)

2. Contract / Receipts

3. Correspondence (email)

5. Final condition of the house (pictures, home inspection, other licensed contractor write ups)

This guy has really taken advantage of me and family as well as several other I know about. I have everything well documented. I need help to pursue the case and stop this guys from his illegal activities. Claims of being licensed, boded and insured. Took cash deposits from people to rent the house.

I hired a person to renovate a �historic� house located in:

Gettysburg, Pa. 17325

Per signed agreement. Work performed incomplete and inadequate (cut many corners) and never completed work. milked money for the project.

Additionally took personal property from the house to include my tools, heaters, personal affects.

My suit will be for:

17,500 � Repairs to make habitable

2,200 - For money paid for Electrician - Docket No: MJ-51301-CV-0000010-2010

7,200 � Loss rent (1,200 x 6 months)

5,000 � Personal lose (item taken from the house) tools heater/materials

Any Attorney Fee�s


Asked on 7/06/10, 2:53 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Most cases taken on contingency are personal injury cases where the fault clearly lies with some one who either has deep pockets or lots of liability insurance and the opposing party would rather settle then spend money on legal fees or risk their reputation.

None of that seems to be the case here. I suspect you didn't check to see if he really was bonded before signing the contract.

I see a potential for an action under the Consumer Protection Law. That could get you awarded triple damages and attorneys fees. The key word here is awarded. You then have to collect and the other party could disappear, go bankrupt, or be judgment proof and your award is worthless. Therefore no attorney would ever take this or any similiar case on contingency as they will unlikely see dime one nor will you.

If you want to pursue this matter you're going to have to show your confidence in the case by hiring an attorney and paying his fee and expect to make it up on the judgment.

You're asking the lawyer to take the risk of getting paid as well as having to do all that work potentially for free even if you win your case.

A lawyer's time is his stock in trade. So why would any lawyer take your deal when he could be working for clients who are willing to actually pay for his time.

{John}

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Answered on 7/06/10, 8:34 pm

I would have to agree. Attorneys only take a contingency fee case where they are 99% sure that they will be paid, like in an auto accident or a medical malpractice case.

You can ask for attorney fees under the Consumer Protection Law, but those are only paid out at the end of the case and are a reimbursement to you.

Try filing a complaint with the state attorney general. Contractors are now required to register if they perform more than $5000 worth of work.

See http://www.attorneygeneral.gov/hic.aspx

You cn try filing a complaint with the state attorny general, but if you want to go after this guy, I am afraid that you will have to hire an attorney.

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Answered on 7/07/10, 2:19 pm


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