Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

I'm suing a contractor for breach of contract - he refused…

I'm suing a contractor...

I'm suing a contractor for breach of contract - he refused to honor the contract we had in writing. I'm suing for the difference between his contract estimate and the contract of another contractor, which was $450.00 more. Now they are subpoenaing (duces tecum) the following: "Contract relevant to this complaint. (Shouldn't they have one of their own contracts?. List of damages for which payment is sought (this was on the warrant in debt I sent them). List of dates associated with each transaction and/or service for which damages are sought (what does this even mean?). List of charges for each transaction and/or service for which damages are sought.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

!)Proof of payment for each transaction and/or service for which damages are sought. Copies of all original estimates and/or contracts submitted by all contraqctors and/or companies at the request of the plaintiff for the repair work tothe plaintiff's rental property relevant to this complaint (do I have to give them that? - do I even have to have any?). Dates and method of communicaiton used with all contractors/companies that the plaintiff requested to submit a bid for the repair work on the plaintiff's rental property. 8) Means by which the plaintiff determined the amount of damages owed. Can you please be specific about each sentence and tell me whether I have to produce this information, and where I asked what this means, please tell me what it is they're looking for and how to respond? Thanks.

Lawyer's Assistant: Has anything been filed or reported?

You
I'm suing a contractor for breach of contract - he refused to honor the contract we had in writing. I'm suing for the difference between his contract estimate and the contract of another contractor, which was $450.00 more. Now they are subpoenaing (duces tecum) the following: "Contract relevant to this complaint. (Shouldn't they have one of their own contracts?. List of damages for which payment is sought (this was on the warrant in debt I sent them). List of dates associated with each transaction and/or service for which damages are sought (what does this even mean?). List of charges for each transaction and/or service for which damages are sought.Pearl Wilson, Lawyer's Assistant
Since laws vary from place to place, what state is this in? And when was the warrant issued?
You
!)Proof of payment for each transaction and/or service for which damages are sought. Copies of all original estimates and/or contracts submitted by all contraqctors and/or companies at the request of the plaintiff for the repair work tothe plaintiff's rental property relevant to this complaint (do I have to give them that? - do I even have to have any?). Dates and method of communicaiton used with all contractors/companies that the plaintiff requested to submit a bid for the repair work on the plaintiff's rental property. 8) Means by which the plaintiff determined the amount of damages owed. Can you please be specific about each sentence and tell me whether I have to produce this information, and where I asked what this means, please tell me what it is they're looking for and how to respond? Thanks.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm sorry - I sent a long message - did you get all three sections? To answer your quesitons, I took out a warrant in debt against them, I asked for a Subpoena duces tecum, they responded with a motion to quash, but never submitted their response to the subpoena, so I'm going tomorrow to file a show for cause. Their MTQ has no hearing date for the Motion, so the court is presuming that it will be heard on the same date as the hearing of the case, whichis an untenable situation for me, because if I'm successful in defending against the motion, I still will have no time to familiarize myself with the information I receive, in order to use it on the same date for the hearing of the actual case.. I'm in Virginia.

Show More
Show Less
Ask Your Own Business Law Question
Customer reply replied 1 month ago
Your system isn't allowing me to edit the price. I can't afford the price you propose - I've spent a lot of money to get to this point, with court costs and the cost of advice for what has come before. I was hoping at the end of this to come away with something that makes all of this worthwhile. I could afford $25.00, and I have a little time - a few days to a week, so the rush factor is not a concern. Thank you for whatever you can do for me. I just need accurate answers to each of these demands, but necessarily fast ones.
Answered in 3 hours by:
1/3/2018
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,349
Experience: Practicing Attorney with 10 years experience
Verified

1. You should provide the Contract. They should have it but providing it is not an issue.

2. A receipt or invoice for the new contractor is fine.

3. The receipt for the new contractor is fine.

4. Same as above.

5. You can show this i.e. a copy of the check or proof of payment.

6. No you don't have to provide something you don't have.

7. Any email or texts would suffice.

8. Just a copy of the new contractor's receipt or invoice.

I hope this helps.

Ask Your Own Business Law Question
Customer reply replied 1 month ago
I'll check this against what they've requested, once I get home. I think I may have a question or two.

Sure. Happy to help.

Ask Your Own Business Law Question

Please let me know if you have any additional questions, otherwise a positive rating would be greatly appreciated.

Ask Your Own Business Law Question
Customer reply replied 1 month ago
Asad Rahman
Business Lawyer
1. You should provide the Contract. They should have it but providing it is not an issue.
*It may be an issue since, if I sent it, it would document that there is an LLC logo on it that I missed, and it may document other things I don't know if I want to document. My question was, do I have to send it if I have it, or can I say they should have one?2. A receipt or invoice for the new contractor is fine.
*What about court costs, attorney's fees, and interest?3. The receipt for the new contractor is fine.
Thanks.
4. Same as above.
Thanks
5. You can show this i.e. a copy of the check or proof of payment.
Thanks.
6. No you don't have to provide something you don't have.
I meant, do I HAVE to provide this and if not, does it negatively affect my case if I don't. Also, I would like an answer to my question about whether or not I am REQUIRED to have gotten other estimates.
7. Any email or texts would suffice.8. Just a copy of the new contractor's receipt or invoice. Waht about court costs, attorney's fees and interest?
Customer reply replied 1 month ago
Please answer just numbers 1, 2, 6, and 8. Thanks for your help.
Customer reply replied 1 month ago
Also, on #7, I did have a verbal estimate.
Customer reply replied 1 month ago
Also, am I entitled to other damages, such as gas money to go to these court sessions and pay for lost time from work and compensation for having to go through this, for instance?
Customer reply replied 1 month ago
postage?

1) Just b/c you don't like its effect on your case is not reason. They can compel it then in court.

2) Yes.

6) Not providing things you have can make you look bad and they can get sanctions against you for failing to do so.

8) Yes.

Ask Your Own Business Law Question

Missed time for work is fine.

Ask Your Own Business Law Question
Customer reply replied 1 month ago
Again, 1) am I REQUIRED to have other estimates? and, 2) Do I disclose a verbal estimate? I have from the beginning intended to disclose all this information to the court. 3) I just am not anxious to help them by giving them information they may use against me in any way I don't have to BEFORE court, so MUST I send a copy of the contract? They clearly have a reason for asking for it, that they intend to use against me. CAN I just say that they should already have a copy, and then show it in court, without damage to me case?

You are not required to get other estimates but you are required to mitigate your damages to the best of your ability. 2) Yes, you should but it cannot just be an affidavit by you saying you got that estimate. 3) I understand but that if it comes up in another way then you could be paying the attorney fees for the motion to compel.

Ask Your Own Business Law Question
Customer reply replied 1 month ago
Any ideas how else to report a verbal estimate? I'm trying to remember the name of the person who gave it to me now. It is my experience here that most people just come to the job, give a verbal estimate, and then formalize it with a contract or written estimate if the estimate price is agreed on.

Just get something in writing from them. Otherwise you can just state it and if the other side questions it you can have them submit subpoenas duces tecums to the named parties.

Ask Your Own Business Law Question
Customer reply replied 1 month ago
Thank you, ***** ***** This information has been very helpful to me! Have a good weekend!

Good luck to you. A positive rating would be greatly appreciated.

Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,349
Experience: Practicing Attorney with 10 years experience
Verified
Asad Rahman and 87 other Business Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,349
2,349 Satisfied Customers
Experience: Practicing Attorney with 10 years experience

Asad Rahman is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I entered into a contract with a business to act as a
Hello. I entered into a contract with a business to act as a fiduciary, PR and marketing for my start up. From the beginning, the woman said she would spend money as if it were her own, and she would … read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
Tax k1 question. In an LLC if a percent of LLC is given in
Tax k1 question. In an LLC if a percent of LLC is given in trade for service/equipment is there anything needed to submit k1 aside from ssn/ein, name and address? 2% was given to manufacturer to redes… read more
socrateaser
socrateaser
1,031 satisfied customers
50/50 LLC. Dispute regarding transacting business. One
50/50 LLC. Dispute regarding transacting business. One member has not contributed any work or funding since the original LLC agreement while the other has run the LLC. How do we resolve … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Llc. California. Opened llc. I am a non resident allien
llc JA: What state are you in? It matters because laws vary by location. Customer: california JA: What steps have been taken so far? Customer: opened llc JA: Anything else you want the lawyer to know … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm the managing member in an LLC with my business partner
I'm the managing member in an LLC with my business partner and I'm also the member with the larger share percentage. Its a multipfaceted bar/nighclub busniess with a reatils store. .5+ … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am starting a consulting business and considering an LLC.
I am starting a consulting business and considering an LLC. I am also an artist. Can I combine the two businesses in one LLC so I can write off my studio rent and expenses legally?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a judgment against me and my LLC business but I don't
I have a judgment against me and my LLC business but I don't have any personal or business assets. They want my husband to allow them to put a lien on our house where he is the only mortgage holder. I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
Our business rented equipment. Two of the Llc partners
Our business rented equipment. Two of the Llc partners signed a personal guarantee on the credit check. We lost absolutely everything in the hurricane and even though we provided the insurance they re… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I am filing a new business LLC in Texas. I just did an
I am filing a new business LLC in Texas. I just did an assumed name search through the Texas Secretary of State website and it has not been taken. What steps do I need to create this entity?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
I have a client who has an LLC, an electrical business, he
I have a client who has an LLC, an electrical business, he wants to start another business. His question is this: can he keep it under the original LLC, and use another name also?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My wife started the business as an LLC and last year changed
My wife started the business as an LLC and last year changed it to a Scorp. I run the business for her (non paid) and have set up a bank account and checks in the new Scorp. 1. Do I need to phase out … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The 60% business owner to an LLC with no articles of
the 60% business owner to an LLC with no articles of organization, has done things that makes all of us want to separate. however the 40% owners hold all MHIC licenses. Can the 60% just move the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a LLC business in the state of Texas. It is currently
I have a LLC business in the state of Texas. It is currently a sole proprioter. If I want to add 2 partners do I need to change it to a corporation? Or can I leave as is and just generate an agreement… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
What's the "Best" way to set up my LLC business with this
What's the "Best" way to set up my LLC business with this scenario and pay myself along with one other employee/partner? -- Currently a sole proprietor with two businesses in very closely related fiel… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers
I'd like to look into opening an business account for an LLC
Second opinion] I'd like to look into opening an business account for an LLC with a member that's currently incarcerated... and a personal account for the person that's incarcerated. My guess is a tru… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers
I have an existing TX LLC, doing business in CA. This LLC
Hello. I have an existing TX LLC, doing business in CA. This LLC will generate income from all over the world. I am going to register the TX LLC as a foreign LLC doing business in CA. At the same time… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
Converting my llc business to a c corporation and looking
Converting my llc business to a c corporation and looking for a lawyer to sign the paperwork … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x