How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12250
Experience:  JD, MBA
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

My husband and I signed a Notice of Comencement with a contractor

This answer was rated:

My husband and I signed a Notice of Comencement with a contractor and when we got a copy from the county, we discovered that the contractor crossed my name and signature off and left my husband name and signature . I am not sure why he would do that, and I can't ask him because we are in litigation, but is it legal for him to do that ?
Hello and thank you for allowing me the opportunity to assist you.

No, he cannot unilaterally remove you from a contract. Once the contract was created with you as a party, it remains that way unless both you and the contractor agree otherwise. In this case, if it suits you then you can argue that you never agreed to be removed from the contract. On the other hand, if it suits you to not be a party to the contract, then you could argue that the contractor expressed an intent to remove you, and that you agree with the removal. So, in this instance you have reasonable arguments for either way depending on what you prefer.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
Customer: replied 4 years ago.

thank you for answering my question.

I just want to make sure we are same page Winktitle="Wink"/> He didn't remove me from the contract but from the Notice of Commencement that he recorded with the county. He crossed of my name (a big X ontop of my name and signature).

My question, can I legaly hold him accountable or sue him for doing that without my approval or knowledge ?

Hi again.

The same applies to the notice of commencement as to the contract. The contractor cannot unilaterally remove you. But as for suing him and holding him accountable ... you would only do that if you've been harmed by him crossing out your name. If there is no harm from it, then there is nothing to sue him for.
TJ, Esq. and 8 other Legal Specialists are ready to help you