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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115460
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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One more question. Can you improve on the what I've pasted

Customer Question

one more question. Can you improve on the what I've pasted below. I am suing defendant for $10,000 in Small Claims Court for Breach of contract. Contract required either party give a 10 day termination notice in case either party decided to terminate.
Defendant stopped working without giving me the 10 day termination notice. I had my re-roof done by a negligent Roofing Contractor who refused to repair his work. I hired Defendant, a Construction Consulting Corporation’s Waterproofing and Roofing “expert”
to do complete inspection of my roof, provide a written report, and testify in court if necessary. I paid Defended $5775 retainer fee and subsequent vouchers. He did visual inspection of the roof and itemized $17,677 worth of repair work. Based on his findings,
I hired a lawyer who charged me a total of $6700 for his service. My lawyer and I wanted to do invasive testing of the roof. Twice, defendant made excuses he is not available, and subsequently became non responsive to telephone calls and registered mail (with
return receipt). This forced me and my lawyer to change course, as it would be too expensive to hire another “expert” and another lawyer as my lawyer is retiring. Before my lawyer retired, he and I decided I go to Small Claims court, and dismiss without prejudice
our scheduled Superior Court Hearing. I went to Small Claims Court and I lost. Question: 1. I am suing the Corporation, instead of the “expert”. Is that right? 2. Can I include the lawyer,s fee in my lawsuit? I am suing for the maximum $10,000 limit. ($5775
experts fee and $7600 lawyers fee). I am waiving anything over of $10,000 in the lawsuit. 3. Can you improve on the above?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Yes, if you hired a corporation to do work for you that you claim they breached, you sue the corporation and not the employee that they sent out---even if the employee was the owner of the corporation.
Legal fees are not indeclinable in a breach of contract suit unless there is a written contract specifically authorizing them to be paid, and then they are sought as a cost after the trial, and not as damages in the case itself.
In a breach of contract case, you get your actual damages that you are able to prove. The cost of the Estimate for the repairs is not collectible. The cost to finish the job in excess of the price agreed on in the contract breached by the other party is collectible.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
You mean I can only claim what I paid the expert?
Expert:  LawTalk replied 1 year ago.
I'm not even certain that you can do that. What did the expert do other than give you an opinion? How did the expert repair the damage done by the party who breached the contract with you?
If the re-roof job was done wrong, then you may collect the difference between what you would have paid the original roofer under the contract and the actual cost that it ended up costing you based on the breach.
You don’t get to collect for an estimate done by an expert nor do you collect attorney’s fees unless there is a clause ion the original roofer's contract giving you that right.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,
Doug
Customer: replied 1 year ago.
negligent roofing contractor refused to repair his work. I wanted to get to the bottom of it, I hired the expert to give me his opinion, and he did with his itemized written estimate of damage ($17,000 plus) and based on expert's findings, i hired a lawyer who has since retired and we did not pursue our case with the Superior Court. Expert stopped working before the job was finished. Either party can give 10 day termination notice, and he did not give me a termination notice. You said I can not include lawyers fee in my suit. Are you now saying I can not even sue for the $5775 I paid the consulting firm for their expert's findings?
Expert:  LawTalk replied 1 year ago.
Good evening,
You appear to have some major misconceptions as to the suit you are pursuing and this is potentially so complicated that I am willing to continue only over the phone and as an additional service. I will make that offer to you and you are free to reject it. However I am not prepared to spend hours going back and forth trying to educate you contrary to all the bad information you appear to have been given.
If you don't care to accept my offer of additional services I will be happy to opt out. You might consider that I have been a trial attorney for more than 30 years though. I do know litigation and damages in contract cases. But the ultimate choice is yours.
Doug
Customer: replied 1 year ago.
Let me step back and rethink this whole thing.
I can not deal with the telephone. i have a hearing problem.
I will pay you for what you done done.
thank you.
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I am a different contributor and willing to work with you to provide you the information you are seeking for educational purposes only.
Your previous expert was essentially correct regarding the information he provided to you.
However, you said you sued him in small claims court and lost are you talking about your suit against the original negligent roofing company which is now leading you to sue the expert company?
Customer: replied 1 year ago.
I have decided I will drop the lawsuit even before your response. Thanks anyway.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Best wishes.