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Crooked contractor


ksdaddy

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I need to go to my lawyer's office on Friday to pay for a deed (my neighbor gave me a little sliver of land because I asked nice). I made an appointment with him to discuss this whole mess at the same time. I'm resigned to the idea that I will be $550 out of pocket and I will be taking him to small claims court....and anything short of that, I will consider good news.

 

I'm anxious to hear what he says, as I've researched Maine law concerning matters such as this and it appears my "worst case" scenario is spot on. If he offers anything different I will be shocked and elated.

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Contractors are required to carry workmans comp insurance to protect the home owner ( or business) from any injuries he or his crew might sustain while working on any site, residential or commercial.

On a job that small usually 1/3 to 1/2 of the total bill is paid either at the contract signing or shortly there after. This is typically used for the materials for the job.

After completion of the work then 10% of the balance is held until the work is completed per the contract or the owners satisfsction. This is called " retention money".

But before ANY contract money is paid in full the contractor has to supply " lien releases" from all of his material suppliers. This is what protects the owner from being sued by the suppliers because the contractor did not pay for the materials.

It sounds like he did not supply you with the lien releases and this is why the concrete supplier is going after you for the payment.

If he fails to fulfill the contract to your satisfaction, and does not pay the concrete supplier, I would not hesitate for one second to contract the contractors board concerning the lack of workmans comp insurance and his failure to supply lien release to protect your property , and then proceed with letigation to recoup your monies.

Also if he fails to fulfill the contract to your satisfaction, you need to contact him via certified letter letting him know you intend to hire another contractor to complete the work per your contract with him ( the original contractor )

You usually need to get two or three estimates on the costs to finish the work.

These costs will also fall under the same lawsuit should you need to go that far.

Be sure to get an unconditional release from him Once the work is finally completed.

 

I was a general contractor for 42 years so I have had to deal with all kinds of issues concerning workmans comp and lien releases.

Just because he is a small one man shop does not give him a free ticket to screw your over.

Don't put up with that crap, as you do have plenty of options.

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