Legal Question in Construction Law in Wisconsin
Concrete not paid for
Hi. we are a concrete contractor and poured concrete for a customer that was building a house with one of our regular builders. They wanted to make the driveway bigger and agreed to pay us directly for the additional concrete. However, now the concrete is poured and they are having some issues with the builder and are withholding payment of the additional concrete until the builder fixes their issues. Unfortunately, we missed the lien notice deadline, not thinking there was a problem. This guy has been beyond rude to us, and personally I would rather pay for his concrete and rip it out rather than let him have it. Is that something we can do? Go back and take the concrete that he hasn't paid for. I know we would still have to pay our supplier, but if you could hear this guy, you would probably feel the same way, either way it looks like we are getting stuck with the bill.
2 Answers from Attorneys
Re: Concrete not paid for
Dear Subcontractor: Thank you for your interesting inquiry. I do not believe you may try to remove the hardened concrete driveway, or ny portion of it, since you are or will be an unlawful trespasser, and subject to civil and criminal liability and arrest.
You can and should, however, file suit for your labor and materials on your verbal contract, on a Quantum Meruit and Quantum Valebant theory of Unjust Enrichment. If you do not sue for breach of contract, you may even be entitled to reasonable damages for fraudulent inducement and conversion b y the customer, plus interest at the legal rate until paid. You don't need the mechanic's lien laws to prevail. See an experienced Attorney, and give these rascals He__! Good luck!
Sincerely, J. Norman Stark
Re: Concrete not paid for
Dear Subcontractor: Thank you for your interesting inquiry. I do not believe you may try to remove the hardened concrete driveway, or ny portion of it, since you are or will be an unlawful trespasser, and subject to civil and criminal liability and arrest.
You can and should, however, file suit for your labor and materials on your verbal contract, on a Quantum Meruit and Quantum Valebant theory of Unjust Enrichment. If you do not sue for breach of contract, you may even be entitled to reasonable damages for fraudulent inducement and conversion b y the customer, plus interest at the legal rate until paid. You don't need the mechanic's lien laws to prevail. See an experienced Attorney, and give these rascals He__! Good luck!
Sincerely, J. Norman Stark
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