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 Richard Your Own Question

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45676
Experience:  Attorney with 29 years of experience.
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

Hello, I am a contractor and a sub contractor contacted me

Resolved Question:

Hello,
I am a contractor and a sub contractor contacted me with a job and wanted to work with my company to complete the job. The job was for a residential home damaged by hurricane sandy. The home owner needed a licensed contractor's proposal with estimates to give to his bank to get a loan. I gave him a proposal with my estimate and W9. I was told by the home owner that once the bank approved the loan he would inform me and I would then give him a copy of my insurance and take a deposit from him and begin the job. However, he never contacted me. I contacted the sub contractor since he knew the home owner and was told that the bank never approved the loan for the home owner. Meanwhile, the bank had approved the loan using my proposal, and the sub contractor and home owner had a cut a deal on the side to do the job on their own for cheaper. The job eventually went bad and was not completed by the subcontractor. The home owner then contacted me and pleaded that I complete the job and I refused. Now the homeowners attorney sent me a letter stating that I either complete the job or return the sum he has paid the sub contractor or he will "advise" him of his legal rights. I am not sure what course of action to take next and do not know if I need to retain an attorney. Please help as I am not at fault and feel like my information had been wrongfully used.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You have no liability for this. You don't need a lawyer for this at this point. Rather, you should send attorney and the homeowner a letter by certified mail detailing the history, informing them: i) you supplied an estimate; ii) the homeowner instead contracted directly with a subcontractor; iii) the homeowner later came to you pleading you to complete the job; and iv) you refused. Inform them further you have been informed by an attorney you have no liability for this and that they need to immediately cease and desist from contacting you further on this issue. Finally, let them know that otherwise, you will engage counsel to file your own suit against the homeowner and to file a formal ethics complaint against the lawyer with the state bar association. That should be sufficient to put this to bed, but if not, at that point engage an attorney and go after them.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

Thank you for your prompt response. My daughter is a newly barred attorney and I would like for her to draft my response, or would you advise that I do it myself? Secondly, the bank issued the loan based on my estimate and I believe that the bank sent the check to the home owner with my information on it but the sub contractor fraudulently cashed it. I have already contacted the bank with this information. Is it true that since the loan was issued based on my W9 and information that I am liable for tax on the money given to the contractor?

Expert:  Richard replied 1 year ago.
First, congratulations on your newly-licensed daughter! Second, yes, have her write the letter. Third, you have no liability here; rather the homeowner and the bank are involved in fraud. Included in the letter, a copy of which you will want to send to the bank as well, should be: i) the information regarding the fraudulent cashing of the check; ii) a demand that the bank correct the W-9 information since you received no money; and iii) letting the bank, homeowner, and the attorney know that you will be contacting both the IRS and the district attorney's office to pursue criminal charges relating to the fraud.
Richard, Attorney
Category: Legal
Satisfied Customers: 45676
Experience: Attorney with 29 years of experience.
Richard and 22 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.