How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17604
Experience:  Licensed Atty, 28 yrs exp in the practice of law.
19127644
Type Your Legal Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: Legal
Expert:  Marsha411JD replied 5 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 5 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 5 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 5 years ago.
Can you reply to my follow up questions and comment?
Expert:  Marsha411JD replied 5 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.
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17604
Experience: Licensed Atty, 28 yrs exp in the practice of law.
Marsha411JD and 5 other Legal Specialists are ready to help you
Customer: replied 5 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 5 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.
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17604
Experience: Licensed Atty, 28 yrs exp in the practice of law.
Marsha411JD and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thanks,,I feel a little better now....Jim
Expert:  Marsha411JD replied 5 years ago.
You're welcome and good luck with the situation.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Marsha411JD
Marsha411JD
2066 Satisfied Customers
Licensed Atty, 28 yrs exp in the practice of law.