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re: I'm being sued - question
Posted on 3/18/24 at 7:59 pm to GentleJackJones
Posted on 3/18/24 at 7:59 pm to GentleJackJones
I didn’t know Mexicans hired attorneys. I thought they just dueled it out in the streets with six shooters. The only money you’ll ever pay is to the dirtbag lawyer who you will pay to do next to nothing. Remember lawyers are all on the same team. They just churn hours and are almost completely useless. They just name everybody involved and look for two things. Insurance money or the first weakling to settle. Attorneys are legalized extortionists. Scum of the earth.
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Posted on 3/18/24 at 8:02 pm to tgrbaitn08
quote:
Well if he didn’t hire the builder, contractor or roofer I’d tell them to all go frick themselves.
I wouldn’t hire a lawyer
I admittedly don't know a ton about the law but everything you've said here sounds like the opposite of what someone should do.
This post was edited on 3/18/24 at 8:04 pm
Posted on 3/18/24 at 8:21 pm to SidewalkTiger
quote:
quote:
Well if he didn’t hire the builder, contractor or roofer I’d tell them to all go frick themselves.
I wouldn’t hire a lawyer
I admittedly don't know a ton about the law but everything you've said here sounds like the opposite of what someone should do.
While this is far too jurisdictionally dependant to even give a paper napkin opinion including a laundry list of caveats not being represented at the hearings/trial is a good way to wind up with an $18k lien on your house or a judgment against you personally.
The unjust enrichment claim could be easy or somewhat more difficult depending on the jurisdiction. Some jurisdictions require a reasonable expectation to have to pay for the goods/services which is one way to attack the claim here. A smart roofing contractor would have had the OP sign a contract that made it clear he would pay any shortfall on the GC's part. This would have prompted OP to get assurances from the GC that he would actually pay.
Posted on 3/18/24 at 8:34 pm to GentleJackJones
quote:
Mind you, we never had a contract with the roofing company that performed the repairs.
He is working as an agent of the contractor and is under the umbrella of the original contract unless he specified otherwise to you verbally or in writing for your purposes. He likely has what would amount to a verbal contract with the contractor agreeing to do the work unless he signed something saying otherwise with the contractor. Every contract comes with an agreement of good faith and fair dealing, which would give him grounds to sue the contractor for breach, but not you.
This post was edited on 3/18/24 at 8:36 pm
Posted on 3/18/24 at 8:37 pm to GentleJackJones
Go find the plaintiff and whip his arse in front of his children.
Disclaimer: I am not a lawyer so take my legal advice with a grain of salt.
Disclaimer: I am not a lawyer so take my legal advice with a grain of salt.
Posted on 3/18/24 at 8:41 pm to GentleJackJones
quote:
-Warranty lapses, and we get an attorney and sue the builder. We never had to go to court and entered into a settlement agreement.
This is tough. You paid for the roof once..by buying the house. But then you had a settlement--I assume this was of some cash value? I think this one line is the crux here.
Posted on 3/19/24 at 1:38 am to Grievous Angel
He has no COA against you at all, unjust enrichment in this situation is completely bullshite. Make the lawyer from the lawsuit answer the complaint and file another cross claim for breach of settlement agreement against builder and motion to dismiss of original complaint for lack of contractual privity.
Posted on 3/19/24 at 1:59 am to GentleJackJones
Are you being sued or did the contractor place a lien on your property? I would check into that. Doesn’t matter if you hired them or not, if a contractor does work on your property, they have the option to place a lien for unpaid work.
All states laws are different. Some are 90 days within invoicing per invoice and some are 90 days from work complete.
If roofer is just suing you and the contractor and no lien has been placed and 90 days has passed, then they lost a lot of leverage in getting their money back. Regardless you’re going to want to get your lawyer back up and ready. They need to send the contractor some language of essentially I’m going to sue you if you do not pay your sub.
All states laws are different. Some are 90 days within invoicing per invoice and some are 90 days from work complete.
If roofer is just suing you and the contractor and no lien has been placed and 90 days has passed, then they lost a lot of leverage in getting their money back. Regardless you’re going to want to get your lawyer back up and ready. They need to send the contractor some language of essentially I’m going to sue you if you do not pay your sub.
Posted on 3/19/24 at 2:39 am to DCtiger1
quote:
And what insurance would cover something such as this?
This isn’t a covered peril for the Homeowners, and it doesn’t fall under a liability umbrella either. That wipes out 99% of people
It may be covered under the Homeowners liability coverage if the suit was filed during the policy period. If so the insurer will provide a defense attorney.
Covered perils only relate to the coverage on the dwelling. This is not umbrella coverage but just regular homeowners liability coverage similar to the coverage if someone fell on your property and sued you. The carrier can determine whether there are any exclusions applicable. The carrier will in turn file a third party demand against the contractor since they are the ultimate reapomnsible party.
Posted on 3/19/24 at 4:08 am to GentleJackJones
Plead Nolo contendere on a sheet of paper, hand it to the Judge, and it should all be over with quick.
Posted on 3/20/24 at 1:39 pm to mdomingue
quote:This is why you pay for a lawyer. They will do the stuff you would feel bad about--but is within your legal rights--to recover when you have been fricked, and you get to pretend like you aren't the bad guy.
Screw morals and common decency, though. Just as long as they get their paycheck
It's not about their paycheck. It's about you not being willing to be the a-hole to get your paycheck. No different than any other professional service you pay for that you can't or won't do for yourself.
OP made a contract with a bad party. After he got fricked, he made another contract with the same bad party. Really sucks, but it's not the third party's or their lawyer's fault.
This post was edited on 3/20/24 at 6:02 pm
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