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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117386
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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hi i am being sewed by a contractor who done some work for

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hi i am being sewed by a contractor who done some work for me on my house with the understanding th at once the work was complete i would put the house up for sale and when it sales then they would get paid. well all of that happend except the house woulnt
sale for many different reasons. The realtor i used one they chose and he suggested taking it off the market for a while then try again so we took if off.In the mean time i was going to try to refinance and pay them that way and found out they have put a mech
lean on the house and due to my credit prevented me from even doing that.This was all a virble agrement between myself and the contractor who also happens to be a life long friend.We agreed not to go over 15000 and they did they are sewing me for 23601.60
plus any and all attorney fees they have because of this. Now i cant afford my own attorney much less there attorney who is Mulinix Ogden Hall & Ludlam supose to be the best. So far everyone that i have tried to talk to about this acts as if this guy cant
lose he is the dirtiest of all, they want a 20000 retainer to go against him, like i said i cant afford a attorney for me if i had 20000 for retainer i would of paid them the 15000 we agreed upon in our virble and been done with it bbut i dont.I am willing
to pay the virble 15000 that was agreed and but can not do that until nov. 2013 that is when i an eligible to refinance we never agreed that the house has to sale in any certain time at all and i have done every thing i they asked me to except sale the house
which is out of my control i cant make some one buy it. They have done some really shaty work on this house and have not yet complety finished the roof still leaks and my wife has brought it to there attention three different times and they just keep saying
we will get it fixed its been going on since July 2010 Iam asking is there any body out there who thinks i have a case here and believes they can bet them and is willing to help me? They tried to force foreclosuer on the mech lean which was at the time expired
so i have filed a counter claim motion to dismiss the forecloser because it is expired and a counter for 443392.85, 11655.00 is a estamated coast to repair the house correctly the damaged areas the caused 21,488.85 for labor they are trying to claim they did
when in fact my wife and i ha done most of our self. 10000 to replace the roof they replaced that still leaks, this was filed on May 13 2013 since then they have droped the forecloser and now we have too go to court on June 14,2013. at 10 am. Also when we
found out about the lein Randy the contractor had informed me not to worry it is only so they could claim a loss cause they were going to close the doors on the company.but for us it has blocked any chance for me to pay them anything. any help at all or advise
here will be so thankful and if someone can take this case let me know what i need to do please Thank you for your time.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Even though they have filed a lien, which has since expired, if you have proof and you have estimates from other qualified contractors that your friend did bad work and was negligent and the amount of money that it will cost to repair the negligent work, you have a claim for breach of contract against him, which will be used to offset any amounts he claims you owe him for the work he did.
You will bear the burden of bringing in expert contractors to actually testify to the shoddy work he did and the costs to repair that work. If his attorney is a good as you say, then you are going to have to get to the local library and get a couple of books to help you through this, such as the Rules of Evidence, the Rules of Civil Procedure and if you can find one a State Trial Guide which will help you with things like qualifying your contractors testifying as witnesses, by asking them about their experience as contractors and how many years to show the court they know what they are doing and that their opinions should be accepted by the court.
You also need to know that as this is a verbal agreement, he has to prove the terms of the agreement and you can argue your side of what the terms of the agreement were. If there is no other proof of what the agreement was then you have to make him prove the actual work he did and the value of the materials and work done by making him produce actual bills and records. If he does not produce such records and bills, then you would argue to the court to dismiss the claim because he has failed to meet his burden of proof.
You need to try to go to your local legal aid or call the state bar for the pro bono attorneys in your area for some legal assistance, because you are essentially in a position where you are being forced to learn at least 2 years of law school material in a very short time, which puts you at an extreme disadvantage when going up against an attorney and the assistance we can provide here is limited and can address specific concerns you have, but we cannot go into the detail to try an actual case for you because of that being outside of the scope of what we can do in such a short time in this type of forum.
The most important thing here is line up contractors who will come to court and testify to the negligent work and cost of repairs needed to get his negligent work corrected.
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