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Question

I am a licensed contractor in Nevada i worked on a project in which the owner has stopped payment to all contractors but has not filed bankruptcy and has kept his city required bond in place basically placing the project in dormancy. can i take back the material i installed without breaking any laws. the material has never been reimbursed to me but i have paid for the material it has been sitting for 19 months now.

Submitted: 50 days and 12 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Nevada

Already Tried:
I can pursure the contractor i was working for but that will make for bad feelings and i continue to work with this contractor today. this contractor is pursing legal action agains the general contractor who is trying to negotiate with the owner for payment. very gray facts but i am so far down the chain i get very little information

Posted by Maverick 50 days and 11 hours ago.

Info Request

Can you please describe the materials that you are saying you installed?

50 days and 9 hours ago.

Reply

i installed drop/curb inlets, they channel the water from the gutter down into the pipe underground. on top of the drop inlet is cast iron grates it is the grates i want back as they the wrong grates and were installed only as temporary items until my supplier reciecved stock of the correct items, now i need to give the incorrect grates back to my supplier so i can avoid payment for something that was temporaly installed. i have never taken possession of the correct cast iron grate as payment was not made for the product i installed.

Accepted Answer

If the grates you want to remove are not fixtures, in other words, removing them would not deface the property, and it sounds like this is no an issue since you are saying that they were temporary, then you should be able to remove them so long as you are not breaching the peace in the process.

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Expert: Maverick
Pos. Feedback: 97.9 %
Accepts: 
Answered: 10/1/2009

Attorney

10 + years experience in civil litigation, jury trials, and business law;

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