QUESTION
Do I have any claim, lien rights or any way to collect what is owed me for my work?
Asked on Feb 13th, 2014 on Litigation - New York
More details to this question:
I am an independent contractor - last fall I partnered with a guy I knew (Dan) who supposedly was a general contractor in order to get an insurance property loss claim job. We signed a contract with the homeowner using Dan’s GC contract agreement; we received the ACV amount and began the restoration work. Far into the job I discovered Dan was not a legitimate GC (license expired months before we signed) and he had pulled the building permit under another contractor’s license. (I also neglected to provide a subcontractor pre-lien notice to the HO). The job is virtually completed and in the process of negotiating with the insurance company to receive the balance of the RCV claims. A 3rd party (my nephew) has been negotiating with the ins. adjuster regarding the RCV, additional supplements and O&P. Because we offended the adjuster now she has refused to communicate with him any longer because he is not a public adjuster (though has written authorization from the HO). My concern now is am I at all culpable for the acts of the unlicensed GC? Do I have any claim, lien rights or any way to collect what is owed me for my work? How do I address & deal with the insurance company? Do I need the services of an attorney?
5 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If the insurance company alleges that you were party to a fraud, it will complicate matters. Nevertheless, you should be able to get paid reasonable value of the work you performed. Since the insurance already stopped talking to your lay representative, the need to involve an attorney seems to be rather clear in this case, so it is only a question of how much time you are willing to lose before getting the case handled professionally.
Answered on Feb 24th, 2014 at 7:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you did not follow the rules regarding providing the necessary paperwork, e.g. notice of furnishing, etc., you may very likely have no recourse but to sue the GC. And get your nephew out of the loop. Any good agent knows not to tick off the adjustor. He is probably causing more problems than he is solving.
Answered on Feb 18th, 2014 at 11:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your real problem was you formed a partnership with a crook I am not sure anything either of you did will pass muster in a court of law. but, that said, you ought to sit down with a lawyer with contract litigation experience and take his advice.
Answered on Feb 18th, 2014 at 11:32 PM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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You will probably have to sue everybody and fight it out in court.
Answered on Feb 18th, 2014 at 11:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I'll answer the last question first: Yes, you need an attorney. You see how bollixed up this situation has become without one. First thing, file a mechanic's lien. You may have to sue the GC for fraud.
Answered on Feb 18th, 2014 at 11:31 PM