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    kiki68's Avatar
    kiki68 Posts: 3, Reputation: 1
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    #1

    Mar 23, 2009, 09:08 AM
    subcontractor claims
    Facts:

    1. had a contract with a general to build my house
    2. he is a crook, has no assets, took off and didn't pay a bunch of trades
    3. took 92 percnet of the money and only finished 75 percent (my cost to finish = 170,000)


    For my hard wood flooring guy, he told me to pay him 20000 bucks for the job and that he negotiated to pay him the rest (8000). He then took off and didn't return anybody's calls anymore. The hardwood floor guy finished in August 2007 - called me in feb 2008 and asked me for the rest of the money. I told him he negotiated with my contractor for the rest so go get it from him. I never approached him or negotiated any contract with him but my lawyers say I have to pay him the rest because I received a benefit from him.

    What can I do? He is a collector threatening to forclose or screw my credit. I don't think he can affect my credit till after the small claims court (if it gets that far). Do I have any recourse? My general contractor is just a thug and has no assets to his name so I don't want to waste legal costs chasing this guy down to get nothing.
    kiki68's Avatar
    kiki68 Posts: 3, Reputation: 1
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    #2

    Mar 23, 2009, 09:11 AM
    To clarify - my contract with the general was to pay him and he pays all the trades. I didn't really pick up on why he suddenly decided to tell me to pay this guy directly. Now I think it was to link me and not him to this trade. I still didn't sign any contract or negotiate with this trade (if that even matters).
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Mar 23, 2009, 11:56 AM

    I believe your lawyers are right - you owe the money to the sub and you would then have to sue the contractor to get it back. And if I am not mistaken, 8000 is above the limit of small claims so you are looking at civil court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Mar 23, 2009, 11:59 AM

    In addition, because this was work done on a home, the subs can probably place a "mechanics lien" on the home without going to court.
    kiki68's Avatar
    kiki68 Posts: 3, Reputation: 1
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    #5

    Mar 23, 2009, 01:01 PM
    Does the 2 year statue of limitations apply? Does it apply from the time they finished and left the property for 2 years
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Mar 23, 2009, 01:24 PM
    Quote Originally Posted by kiki68 View Post
    does the 2 year statue of limitations apply? Does it apply from the time they finished and left the property for 2 years
    What state are you in?
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