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I am suing my contractor and his businesses who built me a…

I am suing my contractor...
I am suing my contractor and his businesses who built me a home. I bought some land and my mom paid him to build the house on my property
I conversed with him regularly about what to build and how to build it and what tilesnand finishing were required
Sometimes my mom didn't want to finance an upgrade like granite counters so he wouldn't end up putting something I didn't approve of in the house. When he wrote the contract no one signed it but he addressed it "to my mom" and put my name in the jobNow I'm suing them for every mistake they made and everything they didn't doI have two issues
The first is i filed it against him and all his companies and wanted to know if I have a case bc my Mom paid and not me. If I get a letter from my mom saying she gave me the money or built it as a gift would this help?Second - is it wise to use this contract as evidence so I can prove his one company was involved. That's the only thing I have with that companies name on it. Or will it be detremenal because he adddressed the contract to my
Mom.He wrote a story and sent it to my brother and other ppl and also had some relatives do work on my place who I think he will call as witnesses and bc they are relatives they will probably lie for him
What can I do?Thanks
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Customer reply replied 4 months ago
Can I sue him for libel for called me paranoid schizophrenic or for writing this story and telling ppl bad things in his story about me
He told a neighbor
Answered in 48 minutes by:
12/12/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 103,883
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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There are two separate issues here.

Would you like for me to deal with the contract issue here or the defamation issue?

Thanks

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Customer reply replied 4 months ago
Contract
Customer reply replied 4 months ago
I prefer both but if I can only pick one that is the one I choose

Don't you have a subscription with the site?

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Customer reply replied 4 months ago
I don't remember

Were you charged when you posted this question now?

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Customer reply replied 4 months ago
No

Then you a subscription. So let's talk about the contract here and then you can start another post to deal with the defamation.

There is a legal principle called "privity of contract" and this states that only parties to a contract are bound by the contract.

So if someone enters into a contract with a corporation they cannot sue the owner of the corporation in most cases as the corporation is a separate legal entity.

At the same time this contractor may want to argue that their contract was with your mother and not you. If your mother paid that is an important factor but only one of many factors. For example, I pay for my kids who are adults for some things but the contract is between then and the service provider or company.

In your case if you are the only one suing your mother may have to testify and make it clear she was paying for your house as a gift and the contract was with you as owner and that you were the one that was directing the contractor.

Do you see what I mean?

The contract goes both ways. It's hard to know if you should rely on it or not.

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Customer reply replied 4 months ago
Some of the money was paid directly to him and some
Was paid to
Jus three companies
Customer reply replied 4 months ago
I don't follow what u mean
Sorry
Customer reply replied 4 months ago
The three companies *** typi
Customer reply replied 4 months ago
I'm not suing my mother
I'm suing the contractor that my mother paid to build a house on my land (in my title) that he didn't finish or do what he said he would do

Of course you are not suing your mother.

But if your mother is not suing the contractor as well as you suing the contractor then your mother may have to be a witness on your behalf.

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Customer reply replied 4 months ago
She is my witness

Right and what I am saying is if the contractor says you cannot sue him your mother has to your mother will testify and make it clear that she didn't enter into the contract with him but you did.

Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 103,883
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified
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Customer reply replied 4 months ago
Does this mean I can sue the the companies as well? I already named them in my lawsuit

If they were part of the agreement.

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Customer reply replied 4 months ago
There was no signed agreement. One of the companies was listed at the top and he was on it and it was addressed to my mom with my name as the job. Then there was a separate email with all my jobs costs and he made a spreadsheet of all the payments and in that spreadsheet it listed all the monies paid to him and his three companies

I know there was no signed agreement. I read your post thoroughly.

And if you paid money to his companies then it is likely the case that you can sue them as well as him personally. It is correct to sue them all.

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Customer reply replied 4 months ago
Thank you
Customer reply replied 4 months ago
I added a pic of the contractWhere it says To lucy (that's my mom) - no last names were put for me or my mom
The box had my first name only and my town where the house was built
Tell me just once more if I send this to him to show his company was involved if this contract shows it was with both me and my mom or just my mom
No one signed it

I am sorry. I though we were done so I went to bed. I also saw you had rated me with just an OK rating and asked for a second opinion so I was sure you didn't need me any further. (I had seen the rating well before we continue but hadn't seen the request for a second opinion or I would have ensure you still wanted to work with me.)

That image in my view shows the contract is with you and not your mom.

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