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 Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

I a sub-conyractor doing commerical work. A G.C waited until

Resolved Question:

I a sub-conyractor doing commerical work. A G.C waited until Dec. 4, 2007 for Add. 7 to come out, than mail contract 16 days past exp. 6 months bid date. Refuse to furnish a FULL SET OF DOCUMENTS per contract. Contract mention Add. 1-5 only. Denied 2 C.O'S & 5 pay Applications, now claimed Kitchen 202 was unsatisfactory (G.C. LIE to avoid any type of payment. Lost 24500. Is this fraud?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Luckily I understand all your abbreviations. The lie regarding the kitchen is not likely fraud. However, it certainly rises to the level of bad faith. A party in Texas has a duty to perform a contract in good faith. The actions taken by the GC were in bad faith.

My understanding of what you are saying is that you have already filed a claim for breach of contract. You have requested a copy of the contract, which the GC is claiming is a "fishing expedition". You need to file a Motion to Compel and ask that the court overrule the objection because it is not a fishing expedition, and you need to request that the court order the GC to produce the documents immediately. If they fail to do that, you then file a Motion for Sanctions and request that they face a fine for not turning the documents over. If they admit that they have destroyed the documents, then you need to file a Motion for Spoliation of Evidence and Request for Presumption of Spoliation stating that you know what that there was a signed contract, that the GC has destroyed the evidence, and that you are highly prejudiced by this.

You also need to amend your petition, and add claims for Quantum Meriut, Unjust Enrichment and Promissory Estoppel. Quantum Meriut means that you are asking for the fair market value of the work you performed. Unjust Enrichment means that the GC profited by your purchase of material and work and needs to hand over the value of it to you. Promissory Estoppel means that you performed work under the promise and understanding that there was an agreement, and that the GC cannot now claim there was no agreement and that he doesn't owe you the money.

Finally, you should place a mechanic's lien on the property for your work.

Please let me know if this answers your questions.
Best Regard,
Zachary D. Norris
Customer: replied 2 years ago.

They were a Master (Mar 31, 2005) and B contract (Nov.19, 2007) A dispute (Add 7) involved to add 10000 worth of cabinets. G.C refused ro furnish any documenys, waited 7 weeld, now claimed it part of base bid. (Past of Alternate 2, Add. 7) the VP of the G.C called me on my cell, mention I FAILED to acknowledge Add 7 on my scope of work on May 22,2007, they were no myllwork involced (he lied) xo I change my scope of work on May 22, 2007.

The G.C disregard contract B, where it states G.C. to provide a "fULL SeT OF DOCUMENTS to each sub-contractor. I demanded to signed the 10000 c.o. . The G.C came back and claimed Add.7 was part of my May 22, 2007 scope of work. Now claimed Kitchen 202 was unsatisfactory. Our service no longer required. G.C will hired another subcontractor. to finish Phase 2 &3. They added 12000 work plus the 10000 they claimed I miss. I can proof this from my app. shop drawings. The sub;contractor did everything at "cost plus". G.C refused to furnish orginal invioce and contract from 2nd subcontractor. oUR ATTORNEY faided to do anything, Demanded 6000 more for trial. Or he will withdrawn. He withdraw 2 months before trial.. Add. 7 was discussed

alot doing the trial. But no evidence of Add.7. G.C TESTIFY Add. 7 was available in May 2007. Our attorney Add 7 (Dated Nov. 29 and 7R dEC. 4,2007) never used it as evidence. Balance of contract 4073 was awarded to us. They still owes us over 20000 plus attorney fees. What can we do?. ,

Expert:  Zachary replied 2 years ago.
You did not mention before hand that the case had already gone to trial. A trial is a final decision on the merits of the lawsuit. So, I need to know what the judgment of the court said before I can give you an answer. If you can, get a copy of the judgment and tell me what it says and I will let you know if there is anything else you can do. Also, let me know what date the judgment was signed.

Thanks,
Zachary D. Norris
Customer: replied 2 years ago.

We receuved 4073, Our bid was 70000. 2nd millwork companycharge 70000 for the balance of work. We completed 1st phase at 245000, leaving a balance of 45000 ro finish the project. GC converted granite tops to plastic laminare, add countertops and cabinets. GC convert granitr to plastic laminate windowsills. I ask where the change order, they reply this project is Turnkey "No Charge"

PAY Applications (5)& C.O (2) GC have up to 7 days to notify sub-contractor of any changes. They waited 7 weeks, than reply cabinets not in placed. Ar this point the GC owes us 45000, 22000 for a project we did for than a month earlier. Without a full swt of documents this includes spec.,addendums and drawings. Fruday, brfore the trial Monday, the lady Judge claim the Breach of Contract was us. We was told in writing our service will no longer be required . Our 2md arrorney didm't have much court room experience and the Judge want to see him in 30 days. No attorneys fees. .

Expert:  Zachary replied 2 years ago.
My understanding of the above is that you had a trial and the court found against you that there was not a breach of contract or conversion. Also, it sounds like the judge has set a hearing for 30 days later, which is when the court will likely enter a judgment against you. I'm assuming since you had an attorney that they pled the causes of action you had correctly. Since you've already gone to court and lost the trial, you can attempt an appeal, but that costs attorneys fees and appeal filing fees, etc. After losing a trial and without an appeal, there is a legal determination that the defendant GC does not owe you anything. So, in short, the answer to your question is there is nothing more you can do without paying more attorneys fees for an appeal.
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 7 other Legal Specialists are ready to help you

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.
 
 
 

Related Legal Questions