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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3620
Experience:  Experienced real estate lawyer and real estate broker.
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I red a contractor to build onto my garage. I paid m

Customer Question

I hired a contractor to build onto my garage. I paid him according to his nonformal contract. Money (the first payment) was to include pouring cement and doing the walls and buying all supplies that would be needed for completing the job. He did the cement and walls and had people do the frame of the roof (which we found out was not done correctly). It has been at least a month since he has been on site. The subcontrator whom he brought in did not get his money and told us he had no supplies to do the job. This contractor is also having issues with him. What can we do to get our money back from him so we can have someone else come in to finish the job?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

You have to be real careful here, you have to resolve this with all the contractors including subs and get releases from them to avoid any mechanical liens which cloud title to your home.If you have to here you may have to pay them all and sue the contractor in court to recover the funds after you get a release.This is real tricky people don't understand how one sided mechanical liens are, they are easy to file and hard and expensive to get rid of.

My suggestion is to pay the subcontractor in return for a signed release, try to resolve it with the main contractor here if possible in return for a release.If that is not possible understand you may incur some legal fees trying to clear title and seek recovery of your funds.

I would consider a local lawyer here to try and resolve this matter with all.Understand you may have to pay here more than once and it may be hard to sue and recover if this contractor is a corporation, they can just fold up the business and start elsewhere.

Hence my advice here to try to continue to resolve even if you have to pay in order to get releases , this is making the best of a bad situation, you either pay contractor or pay lawyer a lot and may not get any return.Please don't shoot the messenger I am going through this with a commercial client.It is probably not going to end well, you pay them off and get releases or pay the lawyer to fight them all with possibility you cannot recover if you get a judgment.

Expert:  Ray replied 4 months ago.

Michigan

Grand Rapids Bar Association LRIS
Grand Rapids, MI

Phone:(###) ###-####or(###) ###-####br />Counties Served: Kent, Ottawa, Muskegon and Allegan

Meets ABA Standards for Lawyer Referral

Genesee County Bar Association LRS
Flint, MI

Phone:(###) ###-####br />Counties Served: Genesee

Macomb County Bar Association
Mt Clemens, MI

Phone:(###) ###-####br />Counties Served: Macomb, St. Clair

Oakland County LRS
Bloomfield Hills, MI

Phone:(###) ###-####br />Counties Served: Oakland

State Bar of Michigan LRIS
Lansing, MI

Phone:(###) ###-####br />Toll free:(###) ###-####br />Counties Served: Statewide

Washtenaw County Bar Association LRIS
Ann Arbor, MI

Phone:(###) ###-####br />Counties Served: Washtenaw, Lenawee, Livingston and Monroe

Let me know if you have more follow up.Thanks again and the best here.

Expert:  WiseOwl58 replied 4 months ago.

Hello, I've been asked to pick up this question for you. If you would like to have a phone discussion to resolve this, I'm happy to speak today or over the weekend.

Alternatively you might file a complaint with the Michigan board of contractors licensing body. They can investigate and give you a resolution, which may include financial restitution to you and fines and pulling the licenses of the offending contractors.

Here is the link to file the complaint in Michigan:

http://www.michigan.gov/lara/0,4601,7-154-10575_17996---,00.html

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  Ray replied 4 months ago.

Thanks again.

Expert:  Ray replied 4 months ago.

If you can rate 5 stars when we are finished it is always much appreciated.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

The way this site works is you need to accept the answer, which has nothappened yet.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.