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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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My husband and I signed a Notice of Comencement with a contractor

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My husband and I signed a Notice of Comencement with a contractor and when we got a copy from the county, we discovered that the contractor crossed my name and signature off and left my husband name and signature . I am not sure why he would do that, and I can't ask him because we are in litigation, but is it legal for him to do that ?
Hello and thank you for allowing me the opportunity to assist you.

No, he cannot unilaterally remove you from a contract. Once the contract was created with you as a party, it remains that way unless both you and the contractor agree otherwise. In this case, if it suits you then you can argue that you never agreed to be removed from the contract. On the other hand, if it suits you to not be a party to the contract, then you could argue that the contractor expressed an intent to remove you, and that you agree with the removal. So, in this instance you have reasonable arguments for either way depending on what you prefer.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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Customer: replied 3 years ago.

thank you for answering my question.

I just want to make sure we are same page Winktitle="Wink"/> He didn't remove me from the contract but from the Notice of Commencement that he recorded with the county. He crossed of my name (a big X ontop of my name and signature).

My question, can I legaly hold him accountable or sue him for doing that without my approval or knowledge ?

Hi again.

The same applies to the notice of commencement as to the contract. The contractor cannot unilaterally remove you. But as for suing him and holding him accountable ... you would only do that if you've been harmed by him crossing out your name. If there is no harm from it, then there is nothing to sue him for.
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