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re: I'm being sued - question
Posted on 3/18/24 at 3:48 pm to doublecutter
Posted on 3/18/24 at 3:48 pm to doublecutter
quote:
In Louisiana, I'm pretty sure that the time period for filing a lien is expired.
Probably correct, assuming that the roofer hasn't already done this
0
Posted on 3/18/24 at 4:00 pm to Indefatigable
quote:
Going to the BBB
Posted on 3/18/24 at 4:02 pm to GentleJackJones
Hire an atty who is willing to sue the contractor and sue and sanction the lawyer dragging you into this for disregarding the contract.
Posted on 3/18/24 at 4:17 pm to GentleJackJones
Posted on 3/18/24 at 4:23 pm to boudinman
Sidebar Question : Are you automatically forced to sell a property with a lien on it. I’ve always seen worst outcomes of debt are liens on a property and that it can cost you once you sell said property. What if it’s your house you plan to live in for the next 20/30 years. The lien just sits there. Kind of seems inconsequential if you don’t sell.
Posted on 3/18/24 at 5:09 pm to HangmanPage1
accrued Interest
Posted on 3/18/24 at 5:15 pm to Masterag
quote:
sanction the lawyer dragging you into this for disregarding the contract.
The sub’s lawyer hasn’t done anything sanctionable in this instance given the OP’s facts. Subcontractors can indeed have valid claims against the property owner in Louisiana without privity of contract.
Posted on 3/18/24 at 5:16 pm to GentleJackJones
Who is the builder, so others know who to avoid.
Posted on 3/18/24 at 5:17 pm to HangmanPage1
quote:
Sidebar Question : Are you automatically forced to sell a property with a lien on it.
Nope.
quote:
The lien just sits there. Kind of seems inconsequential if you don’t sell.
Depends on whether the lien filer timely filed suit on the lien (assuming we’re talking about mechanics/workman’s liens as being discussed in this thread). Once the applicable period has passed and the lien filer no longer has a valid claim, you can get the lien removed by the court and clerk if it’s a barrier to sale, obtaining credit etc.
Other types of liens last longer.
Posted on 3/18/24 at 5:18 pm to notiger1997
I agree the BBB is a joke. But it make help a couple boomers who actually Google such things to stay away. The contracting board is a much better “real” option.
Posted on 3/18/24 at 5:19 pm to Gravitiger
quote:
Heaven forbid a lawyer do everything they legally and ethically can to represent their client.
Screw morals and common decency, though. Just as long as they get their paycheck
Posted on 3/18/24 at 5:21 pm to mdomingue
quote:
Screw morals and common decency, though
There is nothing inherently immoral about a subcontractor asserting a claim against a project owner using Louisiana laws specifically enacted for that purpose.
The nonpaying contractor is the problem here. Not the unpaid subcontractor.
Posted on 3/18/24 at 6:34 pm to tgrbaitn08
quote:
quote: And under what coverage would this apply? No idea. Maybe an umbrella policy, homeowners or builders insurance. Maybe the bank that gave the loan? I’m sure there’s something out there if he was smart to protect the homeowner in case this situation happens
Wow. Just wow.
Posted on 3/18/24 at 6:50 pm to GooDat
quote:
All of you people saying he will be fine because he didn't sign a contract with the roofing company have no idea what you are talking about.
What do you mean? These are Tiger Rant posters!
Posted on 3/18/24 at 6:52 pm to Penrod
IF the OP bought a spec house and didnt hire the builder or the roofer or any contractor whatsoever, I cant see how he should be named in a lawsuit and shouldnt have to lawyer up....
Maybe he should be the one suing
Maybe he should be the one suing
Posted on 3/18/24 at 6:58 pm to GentleJackJones
What did the State Licensing Board for Contractor’s say when you filed a complaint?
Posted on 3/18/24 at 6:59 pm to tgrbaitn08
quote:
IF the OP bought a spec house and didnt hire the builder or the roofer or any contractor whatsoever, I cant see how he should be named in a lawsuit and shouldnt have to lawyer up....
If OP was the owner of the property when the repair work was performed (which it sounds like he was), it’s pretty simple. Louisiana has laws providing for direct action against the owner of a property where one has performed labor or provided services or materials and has not been paid. Granted, there are timing and notice/preservation issues at play. Which is why he needs a lawyer.
quote:
Maybe he should be the one suing
Once he hires his lawyer, he’ll be suing the contractor as part of the suit that he’s been served with.
ETA: always make your GC provide partial and/or full lien releases certifying that they have paid their subs for the work included in your invoice.
This post was edited on 3/18/24 at 7:05 pm
Posted on 3/18/24 at 7:03 pm to Indefatigable
quote:
Subcontractors can indeed have valid claims against the property owner in Louisiana without privity of contract.
Do y’all use common law for things such as this? Or would this be statutory as well?
Posted on 3/18/24 at 7:10 pm to Masterag
quote:
Do y’all use common law for things such as this? Or would this be statutory as well?
Statutory. Louisiana Private Works Act. La RS 9:4801 et seq.
There is a public works corollary as well.
Posted on 3/18/24 at 7:41 pm to Bjorn Cyborg
quote:
Not a lawyer, but I think due to the tradesman laws, the homeowner is ultimately responsible if the contractor doesn't pay.
Seems redundant if the homeowner didn’t sign a contract
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