Contracts Legal Questions

When you engage a contractor to perform work, a contract exists whether oral or written.  If one party breaches, the other may seek compensation informally and may sue if an amicable resolution is not reached.  You may not only sue for breach of contract, but it is often advisable to consider a claim under the Unfair Trade Practices and Consumer Protection Law which affords attorneys fees and treble damages.  I trust this answers your question, but do not hesitate to call or email with any questions.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

During the period from 12/1-12/21, yes, you were working unprotected by an agreement. However, if the contract's effective date is listed as 12/1, then even if it wasn't sent or signed until 12/21, it would still protect you for all work as of 12/1 once it has been signed. I would highly advise having an attorney review the document before you sign it.... Read Answer

It could be a variety of things starting with fraud or tortious interference in the business. Much of this will revolve around how you protected the business with noncompetes and confidentiality - trade secret documents. You will need to hire a lawyer to address this especially if there is an ongoing purchase contract or financing agreement. ... Read Answer

Sorry - this post makes no sense. Dealers don't give away cars for free which is what you are describing as a "promotion" if you expect that the dealer will continue to make your car payments for you. Soemthing is missing here and you will likely need to address this by hiring a lawyer or bringing this to legal aid for some assistance. ... Read Answer

Its possible. The key is defamatory, nor derogatory, statements made under false pretense support the malicious intent. This is especially true with fake screen names or instigating troll storms as a means of retaliation for other issues. You may want to retain a lawyer to send a cease and desist/retraction letter to the offender.... Read Answer

First, a lawyer could send them a letter ($500) to advise them to fix it or get sued for breach of contract. Second, you may have a statute of limitations (if they promised to come and didn't, we can get around that). The exact terms of the warranty will need to be analyzed. You will need to consult with an employment lawyer, you should call us or the State Bar of Michigan's lawyer referal service: 800-965-0738.... Read Answer

Generally, when a customer, consumer, client makes a deposit for goods or services, he or she has a right to expect the benefit of that deposit.  If your attorney has not taken action on your behalf, he has not performed his part of the contract with you, is in breach, and must return the deposit.  You have several options: Sue for breach of contract Contact the disciplinary board to complain Contact your county bar association about its fee dispute program. I trust this answers your questions but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Your rights are defined in the contract. No one can advise you without it. I'm not sure if your post intended to convey that your lawyer agrees with the replacement, but you should start this conversation with your lawyer. If you don't have one yet, now is a good time to find one to discuss a $7,000 pre-closing repair request under the terms of the contrat you signed.... Read Answer

If a contractor did not perform the work for which you paid him, you have 2 options: 1) report him to the PA Attorney General Bureau of Consumer Protection, https://www.attorneygeneral.gov/submit-a-complaint/consumer-complaint/;  and 2) sue him in magisterial district court which has a $12,000.00 jurisdictional limit.  Please note that neither option assures prompt payment.  To the contrary, it may still be months or even years before you are repaid, if at all. I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, the contract itself governs the rights and duties of the parties.  Accordingly, the only way to properly advise you is to review the contract. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Non compete clauses are narrowly construed and must be evaluated on a case by case basis.  The first step would be to review the contract.  Once an attorney has reviewed the same, a proper opinion can be given.   I trust that answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The contract is valid if you signed it. The other owner might have to reimburse you if you paid for it personally. So save the receipt! With regard to the repair. You need to counterclaim for the cost to correct the improper fix and demanding the balance of the contract be held pending the hiring of a competent roofer to fix their mistake. You might need a lawyer for this.... Read Answer

Probably, but it starts with the language of the NDA. Must settlement-based NDA's allow disclosure to the spouse but the spouse's disclosure will void the settlement. The spouse may not be personally liable but i would expect the sigining spouse to be. if you want the cash, keep mum. If you want to fight over recovery with an NDA, don't sign and keep fighting. ... Read Answer

The new owner is certainly bound by the terms of the lease.  The first course of action is to speak with the landlord noting he must honor the lease.  Some clients find having an attorney involved to be helpful, while others think it might create an adversarial atmosphere aggravating the situation.  You could sue for a declaratory judgment  regarding the terms of the lease, but that is an extreme measure and the last resort.  Rather, the worst case is to simply put up with the unpleasant situation while enjoying the benefits of the space. I trust this answers your questions but do not hesitate to call or email on free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Fortunately, you will have more than 20 days to respond as the Plaintiff must also send you a 10 day notice after that time expires which will afford another 10 days.  The only way for an attorney to properly evaluate the case is to review the complaint.  I do not know if you have other debts, but you may also wish to consider a bankruptcy as a permanent solution. Although I don’t practice in your county, I can try to help you find local counsel.  I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

If you you did not enter into a written agreement to divide the marital assets, you may have a difficult time obtaining the relief you seek.  With an agreement, you could file a Petition to Enforce and most agreements require that the loser pay attorneys fees.  With no written agreement, any such petition might fail as the decree presumably granted no other relief but the decree.  Absent a written enforceable agreement, you would need to sue for breach of contract.  Perhaps when faced with a suit, he might simply comply as that is certainly the most cost effective route for him.    I trust this has been helpful, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer