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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118634
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Do I have a case when a contractor forces you to start work

Customer Question

Do I have a case when a contractor forces you to start work even when job is not properly ready and the contractor gives no guidance, help or inspection until after your job is complete and then learns that its not done correctly makes you tear it out
and start over under strict supervision, guidance and authorization? Thank you, Jim
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did you inform the contractor that the job was not ready for the work? Did the contractor provide you with any plans at all for the job?
Are you a sub contractor? Did you have a written contract with the contractor?
Customer: replied 2 years ago.
Oh we informed many times and was told thats the best we get and if we don't hurry it will be worse.
We saw no permits, plans, not one piece of paper what so ever. Osha would have had a field day! (my opinion)
Yes I am a subcontractor and no there was a memo to send me a contract it never happened and the only paper work
in reference is my proposal which they requested.
Customer: replied 2 years ago.
Just to add, we did three other units that were fine but not quite as bad of circumstances. There is a lot to this.
But I will wait for your questions
Customer: replied 2 years ago.
take your time I need to step out for about an hour and will check upon my return.
Look forward to further education
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. I apologize for the delay, as we have to take customer replies in order they are received and we are working with multiple customers at one time. Thank you for your patience and understanding.
If you informed the contractor that the premises was not ready for you to do the work and they never provided you plans and there was also a memo stating a contract would be provided and it was never provided, then you have grounds to claim damages against the contractor for breach of contract. If the contractor's own conduct led to the problems with this job you did and you informed them, but they insisted on you proceeding, then you would claim that they should be "estopped" from holding you liable for the damages. The legal theory of estoppel holds that a person should not benefit from something their own conduct caused.
At this point, you may want to consider suing the contractor for the costs and damages incurred for having to redo the work because of the contractor's conduct. That would be your course of action if the contractor is not willing to assume at least partial liability.