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Marsha411JD
Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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If a contract is broken, and there is a disagreement about

Resolved Question:

If a contract is broken, and there is a disagreement about the final money- who owes what? as in a Landscaping Job in this case, what finally concludes it to prevent the contractor coming back and asking for more money?

I signed a Lanscaping contract with the designer, the contractor was her choice. Can the contractor put a lein on my house if he thinks he is owed money over a broken contract?
Submitted: 7 years ago.
Category: Legal
Expert:  Marsha411JD replied 7 years ago.
HelloCustomer

Based on the facts you have provided I am guessing that although the designer chose the landscaper, you have a written contract with the landscaper himself. If that is not the case, please let me know. The terms of a written contract governs the duties of both parties, so you, and a court, would have to look to terms to see if either party breached the contract. Normally a contract is concluded when all performance under the contract is done. That being the landscapers work and the homeowner's payment for that work. If one or the other doesn't perform all their duties then there would be a breach of contract claim that the aggrieved party would have to file suit on to get performance. So, to answer your question about the lien, the landscaper would have to reduce the alleged debt to judgment before he could file a lien against your real property. I would suggest that before things get to that point that you consider mediation to find some common ground and save a lot of heartache and money.
Customer: replied 7 years ago.
No the contract it-self,,the designer and I signed, but it looks like the contractors company standard form. I never signed anything with the actuall contrator.
Customer: replied 7 years ago.

So, to answer your question about the lien, the landscaper would have to reduce the alleged debt to judgment before he could file a lien against your real property.

 

What does "reduce the alleged debt to judgment" mean?

Customer: replied 7 years ago.
Can you reply to my follow up questions and comment?
Expert:  Marsha411JD replied 7 years ago.
Hello again,

Ok, so I think you are saying is that you had a contract with the designer and the landscaper is the designer's subcontractor. Again, it depends about what the terms of the contract are and who, under the contract, is supposed to be paying the landscaper. If it is you, then everything I said above still applies. If it is the designer, then any cause of action is between you and the designer and the landscaper's cause of action would be against the designer for nonpayment. Reduced to judgment means that he would have to sue and win in court on a breach of contract case.
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Customer: replied 7 years ago.

thank you...I think,,I wish it would all be over!!!!!
I'm too nice of a guy and its stressfull..

 

The payments I paid to the contractor directly.

If I tried to get money back over incomplete proposal items,

who do I sue? the designer or the contractor?

 

Expert:  Marsha411JD replied 7 years ago.
Hello again,

You should name both in the lawsuit as corespondents and that way it is up to them to get themselves out from under the suit by proving to the court why they shouldn't be included. If the money at issue here is below a certain amount, you can do this in small claims court by yourself. If the amount is above the jurisdictional limit of small claims court I would have an attorney do it for you.
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Customer: replied 7 years ago.
Thanks,,I feel a little better now....Jim
Expert:  Marsha411JD replied 7 years ago.
You're welcome and good luck with the situation.

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