Court.... How many?

Whitey97

How many of you guys have had to go to court for your businesss?
What was it over? Did you get what you wanted? or was it fair?

Whitey97

I've been absent from the forum lately due to preparing for a court case, as I estimate a job without materials included, and stated that on my contract, however my contract has hard print on it stating materials were provided.

Which is more binding, the hard print or actual hand writting?

Drywall Tycoon

If your hand writing is an addendum. The addendum would take precedence.
But they can argue it.

Was it board or just mud and accessories ?

Frankawitz

Unless you blacked it out, they may have you. did they supply materials? I would call a lawyer and ask. Good luck

Drywall Tycoon

How are you making out Whitey. Are you froze in up there. Eh.

Whitey97

I've been doing a lot of fishing along with working, it's been brutal out here.

They were suppose to provide matties, My bid was for labor. I blacked out the labor portion on my contract, as I usually provide it. I wasn't going to on this one. Too big.
They're still being pig f*ckers about it. It's in the legal system now.

Drywall Tycoon

I've got one right now that I filed suit against the homeowner.
The builder took off with deposit money.

My supplier filed suit against them to foreclose on their lien.
They sent it into the Michigan lien recovery fund. Which does not guarantee payment to me. ( The State is broke and so is the fund ). So they fight every case.

I dropped $ 2,500.00 to a lawyer to file my complaint against the home owner, the State fund and the builder That is in jail in the next county for forging lien waivers and taking deposits from a church and another house.
( How in the hek does anyone get a deposit in this business ? )

I did the job September 2008. I have about $ 16,000.00 coming. ( or not coming)

The home owner knew that I was there ( phone records, testimony), notice of furnishing that they did not sign for.
However they are claiming innocence. Even though Michigan law requires that it is the property owners responsibility to keep their own property free of liens.

You guys would not believe the amount of paper I receive.

Tycoon

Whitey97

we're on the same page my friend. I do more work just tyring to get paid than I usually do to complete the job.

A+ Texture LLC

I heard while listening to one of those get rich in real estate cd's that a hand written contract on a napkin is more binding then a pre printed contract. The guy swore this was true but who really knows..

Whitey97

It all depends on the judge.

Darren@Partners

Whitey, and co.,check out the American Subcontractor Association. They have a legal defense fund, case law history, etc. Maybe these jokers have a history that helps you in court. Sorry, can't find the link.

If you blacked out the materials prior to signing, you should be in good shape.

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Drywall Tycoon

I read an article in Construction Dimensions about the ASA joining a suit over a sub in OH. I think you have to be a member. ( about $ 1,000.00 ) a year.

I believe that you need to be member to receive assistance. Possibly use their contract also.

I think the ASA looks like a good group. They have a lobbyist at our State Capital and in Washington.

Tycoon

Darren@Partners

Most cases here, the judge orders mediation before hearing the case.

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