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Will an attorney make a call for me? I don't think a letter…

Customer Question
Will an attorney make...

Will an attorney make a call for me? I don't think a letter will have the same impact as a phone call.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Indiana

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

No. I hired a contractor who built a retaining wall and put in a stamped concrete patio. He said it would take two weeks. I fired him after 14 weeks. The retaining wall is beginning to buldge. The conctete patio is terrible. I paid him over $11,000. The last check I gave him was for $3000. I asked for it back. He told me he didn't have the money anymore and that he didn't know what happened to it. He also told me that he was using money from other jobs to pay for mine. That is illegal and I suspect that is where my last $3,000 went.

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

We did not have a contract. He gave me a bid and I accepted. So I don't know if that is a problem

Submitted: 11 months ago.Category: Legal
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Answered in 3 minutes by:
9/22/2017
Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question.

I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site, which would include making phone calls on their behalf. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

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Customer reply replied 11 months ago
Do I have grounds to sue?
Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Thank you for your reply.

If the contractor did negligent workmanship, then they have breached their contract with you and as such they would be liable to you for the costs of repairs for their negligent work. In order to sue, you need to get a new contractor out and you need to have them give you a report about what was done wrong with the work and the cost of repair. Then you send written demand for payment to the original contractor and if they refuse you can sue for the entire costs of repairing their negligent work.

In Indiana there is a $6000 limit for small claims court suits and if the cost of repair is more than that you would need to sue in the Circuit or Superior Court with a local attorney.

However, yes they are liable for shoddy workmanship under breach of contract.

As far as them floating payments to cover other jobs, while it is not ethical, it is not completely illegal when they actually do the job they are paid to do.

The problem with these contractors is if you sue them and they file bankruptcy, you could end up getting nothing on any judgment you get against them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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.

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).

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