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My husband and I own a small concrete construction company.

My husband and I...

My husband and I own a small concrete construction company. In the summer/fall of 2016 my husband was asked by another local business ,owner who ran an excavating company, to trade work. The guy had us pour a pool deck and made a decorative waterfall cave. He was to provide materials and my husband provided the labor they were happy with the work. The excavating company was to the dig us a half an acre pond in trade for our labor... I have had several unsuccessful attempts to resolve the issue. They have not even stepped foot on the property. So 10 days ago I sent an email recounting the agreement specifically and asked that they now pay us what would have been the charge for our labor on this job as they have not fulfilled their part. What are my options

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Indiana. And no this is the first time we have ran into this. I don't even know what I should be asking for

Lawyer's Assistant: Has anything been officially filed? If so, what?

Nothing yet. Was going to do that today but wasn't sure what to file

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

Not that I can think of

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Answered in 5 minutes by:
3/8/2018
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 2,386
Experience: Business law attorney with over 25 years experience
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Hello. Let me see if I can assist. Give me a moment to review and type my reply.

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F​irst -- if you still have lien rights, I recommend liening the job where you did work (pool deck).

Second, I recommend that you send a demand letter to the excavator to enforce your verbal agreement. You will need to demand performance by a date certain (such as 5 days) or you will file suit against them for damages for breach of the contract.

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Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 2,386
Experience: Business law attorney with over 25 years experience
Verified
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Customer reply replied 5 months ago
How do I know if I have Lien rights? And I did send an email with 10 days being up today. Is that sufficient?
Phone call session started

G​ood luck.

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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.

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