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I have been contracted to provide repairs in a condo owned

by an individual and managed...
I have been contracted to provide repairs in a condo owned by an individual and managed by a seperate property management company. The contract is between my company and the management company for repair work per insurance claim. It has been a year since my last attempt to contact tenant to provide access yo home. Per contract he is to essentially move out and when I finish move back in. The insurance claim is with the management company not tenant he had no insurance. What can I the contractor legally do to either get him to provide access or forfeit the money already paid to me.
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Answered in 13 minutes by:
7/28/2013
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,556
Experience: JD, MBA
Verified
Hello and thank you for allowing me the opportunity to assist you.

This is an issue for the management company to deal with. It is not your responsibility to deal with an uncooperative tenant, nor do you have any legal right to force the tenant to do anything. As you mentioned, your legal relationship is with the management company, not the tenant. Accordingly, if I were you, I would contact the management company and demand that it takes action so that you can comply with the contract.

With regard to a forfeit of the money already paid to you, that depends entirely on the contract and whether it states that the management company forfeits the money. If there is no provision which states that the money is forfeited in this circumstance, then I'm sorry to say that you would have no basis to keep the money ... with an exception: You could argue that the management company has breached the contract by failing to give you access to the unit. You could then argue that you are owed money damages equal to lost profit. Prior to taking a stance like that, I would inform the management company of what you intend to do, and give them a chance to get you access. I would also expect to lose future business if you keep the money, and I'd expect a lawsuit that you may or may not win, depending on whether the judge agrees that the management company breached the contract and that the damages are equal to what you have already been paid.

So, the botXXXXX XXXXXne is that you have options, but if you intend to keep the money without doing the work, then I'd expect potential issues such as lost business and maybe even a lawsuit.

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!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,556
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