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I was working for a contractor and was going to be paid in cash and had no subcontractor agreement with the contractor. The Contractor had a contract with the property owner to do the work. For personal reason I had to walk away from the job I was given $200 in cash from the contractor when we first started and when i quit the contractor said he was going to quit the job I was told to give the $200 back to the property owner because it was part of a $400 deposit the contractor had gotten. I gave the property owner back the $200 as i was told to do by the contractor. I want to know if i have any liability to either the contractor or the property owner. The contractor is in breach of his contract and is know say his is going to take the property owner to court for payment but the work is not done. Me and the property owner have no contract and I have no contract with the contractor. I feel that I have no liability in the matter as their was no contract that I ever signed.

Submitted: 129 days and 10 hours ago.

Category: Legal

Value: $28

Status: CLOSED

State/Country relating to Question: Iowa

Already Tried:
Contacting you

Posted by Adam Kirk 129 days and 10 hours ago.

Answer

You have no liability to the owner because no contract exists between you. However, you do have responsibility to the contractor, but it sounds like you've resolved any issue with that.

129 days and 10 hours ago.

Reply

How do i have any liability to the contractor when their was never a signed sub contactor agreement and i was paid in cash? And have given all the money back to the owner? Do you think the contactor has a leg to stand with the owner because is is in breach of contract?

Posted by Adam Kirk 129 days and 9 hours ago.

Answer

An oral contract is valid and enforceable so long as the work can be done within 12 months. If you breached your agreement, he does have grounds to sue. However, if you offered to return the money and the contractor accepted, you should be settled with him - even if you pay the money to the owner - so long as it was at his direction. I would suggest to get this in writing for protection.

129 days and 9 hours ago.

Reply

The owner of the property would defenend me on the stand that i gave him $200 which i was told to do by the contactor. I have talked with the property owner and we are on the same page. I was not doing the work alone it was to be preformed with the contactor who bid the work the actual owner. He asked me for a hand on the project never was to preform any work alone but did do so when the contactor could not make it to the site. In the city we live in you have to take a test to do constrution which i found out the contactor does not have and he never pulled a premit to preform the work.

Posted by Adam Kirk 129 days and 9 hours ago.

Answer

If you have resolved any issues with the contractor, you should be cleared.

129 days and 8 hours ago.

Reply

The contactor wants his money from the owner of the property he has never said he wants anything from me other than i was to give back the $200 and then the contactor said he was going to do the same but did a complete 360 and said that he is going to go after the money that was owed for the job that he did not complete. Me and the contactor had an understating (not a contrat or a verbal contaract) that i was to help him as if i was an employee but was to be given half the profit for helping preform said work. The bid was for $1400 total with matterials. If he was to come back on me what do you think he would be awarded in the court of law?

Posted by Adam Kirk 129 days and 8 hours ago.

Answer

If you can prove that he released you, I think you're in good shape.

129 days and 8 hours ago.

Reply

So proving that I gave the money back because he was going to quit the job and told me too give the money back would provo that he was releasing me and this could be done by having the owner testifying that i gave him the $200 back for this reason.

Accepted Answer

Yes, that is a valid argument - and your best one.

Expert:	Adam Kirk
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Answered:	11/12/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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Answer

You have no liability to the owner because no contract exists between you. However, you do have responsibility to the contractor, but it sounds like you've resolved any issue with that.

Reply

How do i have any liability to the contractor when their was never a signed sub contactor agreement and i was paid in cash? And have given all the money back to the owner? Do you think the contactor has a leg to stand with the owner because is is in breach of contract?

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Answer

If you have resolved any issues with the contractor, you should be cleared.

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Answer

If you can prove that he released you, I think you're in good shape.

Reply

So proving that I gave the money back because he was going to quit the job and told me too give the money back would provo that he was releasing me and this could be done by having the owner testifying that i gave him the $200 back for this reason.

Accepted Answer

Yes, that is a valid argument - and your best one.

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You have no liability to the owner because no contract exists between you. However, you do have responsibility to the contractor, but it sounds like you've resolved any issue with that.

Reply

How do i have any liability to the contractor when their was never a signed sub contactor agreement and i was paid in cash? And have given all the money back to the owner? Do you think the contactor has a leg to stand with the owner because is is in breach of contract?

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Answer

If you have resolved any issues with the contractor, you should be cleared.

Reply

Answer

If you can prove that he released you, I think you're in good shape.

Reply

So proving that I gave the money back because he was going to quit the job and told me too give the money back would provo that he was releasing me and this could be done by having the owner testifying that i gave him the $200 back for this reason.

Accepted Answer

Yes, that is a valid argument - and your best one.

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State/Country relating to Question: Iowa

Already Tried:
Contacting you