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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can i be made to sign a second contract,after the job is done,for

Resolved Question:

Can i be made to sign a second contract,after the job is done,for my clients insurence company,in order to get my final payment?wouldnt it void the first contract,that was already signed? (my standard contract for construction?) i have already been made to sign a waver of lein,befor i will be payed.now they are asking for this.i am not comfortable deviating from my normal contract agreement. What are your thoughts.this is in N.Y. State.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends.

Was the first contract simply a standard contractor's contract?

And what is the second contract - what does it ask of you? Anything particular that you are not comfortable with? How does it differ from the first contract?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I am a sole proprietor, and I always use a simple contract with contact


info, scope of work, simple payment schedule and terms/ conditions etc.


The payments are 1/3 deposit, 1/3 upon starting onsite (or other agreed


Progress milestone) and 1/3 on completion. It can also be 1/2 deposit,


& 1/2 on completion.


Terms are very simple- not responsible for damage caused by client,


or delays beyond my control, etc. It also says this is the only agreement.


I have used this basic simple contract for 25 yrs and it has been fine


for all other clients.


On this job the GC hired me as a specialty sub on his client's request


and gave me a complex contract with completely different payment terms, (paid after 30 days if stlll approved by the GC, and if the GC has been paid, agree to support any legal claims against the GC or his Client, waiver of lien , responsibility for damage caused by others no


matter what the cause etc.....


(ignore the last line- computer won't cooperate)


 


of lien, responsibility for any damage no matter what the cause

Expert:  Ely replied 1 year ago.
Thank you, T.

Can i be made to sign a second contract,after the job is done,for my clients insurence company,in order to get my final payment?

The answer is no. You and the other party entered into a contract. It is binding. The party has no right to "demand" that another contract be signed.

wouldnt it void the first contract,that was already signed? (my standard contract for construction?)

Yes, it would. This is why if someone in your situation does not feel comfortable, they arguably do not have to sign the second proposed contract. You and the other party are already bound by the first.

If they threaten not to pay, someone in your situation can state that "I do not have to sign this contract. The original one controls. I will provide services as stated in that first contract and if you do not pay, I may have to lien/pursue legal action. Me not signing this proposed contract does not allow you to breach your duty of payment under the first contract."

So their bullying is not lawful and they cannot "force" you to sign that second contract if one already exists.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.