I have used a few lawyers before in my life but never in an ‘antagonistic’ way before. I count myself lucky.
However, I am having an issue with a contractor for windows. I don’t suspect ‘evilness’ on their part… as they have done part of the job. If that wasn’t true they wouldn’t have done that. It’s just the world…but it has been way overdue. I suspect we have been put on their ‘we have messed up with this client so much we won’t even bother to please them and so if anything comes up we will bump their install date’ list.
So, lawyers or people in the know out there…what is the best way to locate a lawyer that deals with small contracts and wants this smaller type of business. I don’t want to bother or waste time of someone and myself for ones only wanting larger business.
What the previous poster said is true: Your County Bar Association website is the place to go to, and hopefully, like mine, they will have a portal for you to go to to find an attorney. This is, of course, civil law, so you want one that specializes in civil litigation. Also, the state attorney general regulates professional businesses, so if your contractor is registered (you can ask him, or a license number will appear on his truck), you should find the Bureau of Consumer Affairs website within the OAG, and file a claim against him. Include a copy of all your evidence, and a Board comprised of professionals in the trade will review it and make a determination as to whether to prosecute or not. If they take it up, the AG will prosecute the case. If they decide not to, you can still do it in civil court, with your attorney. FYI: It might help you to use the attorney to file your claim with the state. It will give you greater credibility.
If you haven’t already done so, I’d start with a letter to the company in which you document the issues you are having and the attempts you have made to resolve them. I’d add that continued inaction will result in you having no choice but to file a complaint with your State Contractors Board and with your attorney. I’d be very professional.
I’d send this out certified mail. I’m not sure if this is a small claims court case for you, but if so, the letter will help you in such a case. Also, if it’s a small claims case, an attorney is usually not permitted in court, although obviously one could advise you.
I just wanted to mention the above as someone who has worked for small contractors. That license is valuable and they pay attention to that threat. In my experience.
Bar assoc referrals may be the only resource available, but pretty much all they will say is if a lawyer is a member and holds himself our as specializing in an area. IMO by far the best way to find a lawyer is by asking someone you respect who hires lawyers regularly, or by asking a lawyer you respect. Even if the lawyer you know does real estate, they might know a litigator.
Good luck. But also, realize that litigation is costly, and unlikely to result in all you wish.
For better advice you might provide more details: How big is the contract? How much of the payment has been made? The explanation for the delays might be supply chain shortages.
As several people have said, talk to a lawyer. Lawyers are great at networking - it’s part of their job. If they don’t know a guy themselves, they’ll know a guy who knows a guy.
I assume I’m not talking out of school by mentioning that Dinsdale is an Administrative Law Judge and his wife is (also) an attorney. He knows of what he speaks here.
Ever watch NCIS ? Gibbs’ rule #13: never involve lawyers.
IME, it’s a very good default position whenever possible.
Does the relevant $ amount fall within the limitations of your Small Claims Court ? Is there something here that the window manufacturer might be willing to help with ? They are probably more important to your contractor than you are. Maybe they’d use their leverage.
Better Business Bureau ?
Does your local TV news station have some sort of ‘troubleshooter’ segment that helps consumers who are in situations like yours ? Public pressure and media attention can be powerful.
The problem with litigation is that – very generally – whoever has more re$ource$ tends to win. And it’s just an awful, ugly process where there’s little interest in The Truth and tremendous interest in winning.
Are you David or Goliath in this one ? If you’re David … your odds of prevailing are probably not great.
When I was with a private firm (very briefly) my conclusion was that if you paid your lawyer hourly (as opposed to contingent), it wasn’t worth litigating for less than $10k. That was 25+ years ago.
Add in that litigation is generally not a pleasant process, and even if you prevail, you may not feel that you have been “made whole.”
I think this is good advice for starters. The communication might just state that if there’s no resolution, further action will be necessary, without going into specifics about complaints.
Bringing a lawyer in to act on your behalf does not necessarily mean filing a lawsuit or threatening to. Sometimes, just a pertinent letter from an attorney can do wonders to wake up a sloppy or recalcitrant company.
Thanks for the replies. I like the certified letter one and will do it. I will also check out the local bar (well…lawyer bar as I already…ahh nm)
I am also not looking for a settlement or damages. I am not really ‘upside down’ on this contract. They installed 5 of 8 windows and the front door…and I still haven’t paid 8000 dollars…so may even be a little ‘right side up’.
I am just mainly hoping that a letter or contact from a lawyer will motivate them to finish the last damned 3…or allow me to safely get out of the contract so I can get someone else to do it.
If you want this contractor to finish the job, having a lawyer send a demand letter is probably not the way to go. Rightly or wrongly, involving a lawyer is seen as a very antagonistic move, and it’s likely to foreclose the possibility of resolving this amicably. At the very least, once you are represented by counsel and there is even a remote possibility of litigation, they would be well-advised not to communicate with you directly anymore, but to have everything go through your lawyer, preferably via theirs.
That doesn’t mean you can’t consult with a lawyer about your options. But if the amount in dispute is on the order of $8k, this sounds like a matter for small claims court, i.e. no lawyers for anyone. And if you’re in possession of the funds in dispute, you’re in a much better position.
I don’t know what you’ve tried so far to get them to finish the job, and if they’re being totally unresponsive or just continually pushing you off, but if it’s the latter, I think you should try talking to them about your options. If there’s a particular reason for urgency (e.g. you need the other windows done before the first rain in late fall so your floors don’t get wet), ask them nicely if it’s feasible to finish the job by then, and if not, if you can renegotiate the contract to pay only for what’s already done and hire someone else. You might try making a few calls to their competitors first to see how soon anyone else could do the job; I imagine you’ll be more patient with these guys if you find out everyone else is booked 6 months out than if you find someone who says he can do it this weekend for a reasonable rate.
I can tell you that, generally, specific performance on a labor contract is not a remedy a court will order–if you sue them, and win, you’ll get money, not an order that they finish the job. So if specific performance is what you want, tread lightly and leave the lawyers out of it.
I am not going to offer anything resembling legal advice, as this is far from my specialty. But you will want to carefully consider all of the facts and assess all possible options.
First, you will want to read the contract very carefully. What are the vendor’s obligations - specifically with respect to time or performance, and what are your obligations WRT payment? Are there any provisions for resolving disputes and/or either party terminating the contract? You may wish to consider carefully before simply breaching the contract and/or hiring someone else to complete the job. As you suggest, you may presently owe the contractor for work you have received above the value paid. From another facet, if you wish this guy to complete the work, you don’t necessarily want to piss him off and have a pissed off worker tearing holes in your house. Also consider how easy it is for contractors to place liens on property.
From what has been said, I really don’t see this as an issue requiring a lawyer. Instead, the buyer simply needs to clearly communicate with the seller as to what is expected at this point - a general timeline, and a manner for ending the contract if those terms are not met. Make sure that any such agreement is in writing. Can simply be in writing in the comments portion of most standard estimates/contracts.