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Im a consumer experiencing a debt argument with a project…

Customer Question
Im a consumer experiencing...

Im a consumer experiencing a debt argument with a project manager/contractor. I paid him $9000. He wants another $2000. I did not sign a contract. The subcontractor has finished his $8200 work, but has only received 5100 from the PM. The PM is threatening legal action to bring a mechanics lien on my home, after refusing to negotiate a reasonable rate for his referrals and a sketch he drew. Id like a legal opinion on my situation

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NC

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

Not that im aware of

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

Thats about it. thank you.

Submitted: 4 months ago.Category: Legal
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Answered in 14 minutes by:
12/29/2017
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,566
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

How much was the original agreement with the contractor?

.

When was the last time the contractor performed any work on the job?

.

How about the sub?

.

Did you agree to pay him for any referrals and the sketch prior to him doing so?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
The PM provided an estimate for $11000. The sub confided to me his billable work was $8100. The permit was $125. After the work began I asked the PM to justify his $2750 charge for the referral and his sketch of the project scope. He refused and asked me to pay the remaining balance of $2000 after I paid $9000.The subcontractor finished on Sept 10,2017. The PM sent a new bill on Sept 14.There was no discussion of referral fees or sketches at any point. I thought he was the contractor but farmed out the work.
Now I believe he was "fishing" for work and couldn't perform other than the facilitator role. He did not disclose his share of the project.
Lawyer: Barrister, Attorney replied 4 months ago

Ok, here is the problem.. if you agreed to the $11K, then that is what you agreed to pay. What he pays his sub is irrelevant.. If he paid his sub $2K...that is between him and his sub. Your agreement with him was for $11K...

.

So I hate to say it, but I have to side with the contractor here..

.

With that said, under NC law, the contractor or sub can file a mechanics lien on the property within 120 days of when they last provided labor or materials for the job. So that deadline is fast approaching... around Jan 10th... after which neither could legally file a lien.

.

However the contractor could still file suit under a breach of oral contract claim if he wanted to pursue this in court..

.

But regardless of what he actually did, or whether he subbed out everything.. if the job was done as agreed, he is entitled to be paid under your agreement..

.

,

thanks

Barrister

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Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,566
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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