Contracts
How can I hold a non-entity responsible for a contract?
If you have entered into a contract with an individual that proves to be a non-entity what is the legal process that must be done to get that persons corporate or other personal affiliations responsible for the monies awarded in that con tract? In other words if I know this non-entity's legal name and business can I just name them before the court to get satisfaction?
Is the seller liable for engine damage after claiming it was winterized?
I bought a boat from a individual who stated there was nothing wrong with the engine I also asked if he had always winterized it and he said yes now I took it to the lake and pre checking the fluids in it found water in the oil the local dealer said it was freeze damages is the seller liable since he told me he had winterized it. There was nothing on paper and his ad did not state as is.
Can my boss retroactively charge me for past invoice pricing errors?
I work as a subcontractor for a jewelry designer. My boss noticed some pricing errors I had made on production pieces listed on my most current invoice. She corrected them, which is fine as I had not yet been paid, then she went back into already paid invoices and listed the money that I now owe them for mistakes I listed in production prices. Some errors were caused by hard-to-interpret costing sheets, some by the costing sheets having no labor listed and the boss verbally informing me of what to input, and some from unknown labor that I transferred over from preexisting similar designs for which I did know the labor cost. Their lack of input, as they continually state they do not have the time, when I looked up those labor costs required me to continue billing in this manner on unknown or unclear labor on various jewelry pieces for nearly four years. I've been trying to go over my labor costing lists with them for years to no avail. I even printed off my spreadsheet that I had developed based on items I had looked up in their costing sheets and by the above manner, and gave it to them a year ago. Now they are trying to retroactively extract pay differences on those past paid invoices. I do not have a written contract with them. I told them yesterday that their having paid me on each invoice was their verification and acceptance of the terms, prices, and totals listed in each invoice. Any questions on prices listed in each invoice needed to be addressed before payment and thus acceptance of the invoice is given. I am unable to find any documentation supporting these questionable business ethics. I would appreciate any input you may have or any resources you can direct me to. Is it legal for them to charge me these questionable labor cost discrepancies on past paid invoices?
Can a plumber place a lien on my house for unpaid work?
I engaged a plumber in August 2010 to essentially do the following-1. Install a water heater 2. Relocate a gas dryer 3. Relocate a sink. He provided a proposal totaling $5200. The proposal starts- 'Plumbing Contractor to do the following work:' I told him it was too much so he agreed to accept cash payments to lower the total to $5000 (not much of a reduction, I agree). He never updated the proposal. There is no signed contract. He has been paid 3500 in cash to date.10 months later he is trying to collect the full 5200 (minus the 3500 in payments received) and additional money for chroming a sink strainer. I am sure it is because I told him on two occasions his job was done and that he was paid an adequate amount for his services rendered. Here are the issues-1. He said the project would be complete in 4 days- 2 for demolition and 2 for installation. The project started on August 30, 2010 and lingered on way past the 4 days and in fact, here we are 10 months later.2. He never installed the sink strainer (drain) and consequently never installed the sink. I agreed to supply the sink stand and faucet only. No mention was ever made of the customer supplying the strainer. In fact, twice, on two separate occasions a month apart, he came to fit the SAME brass strainer only to come to the SAME conclusion- it didn't work because it didn't allow the sink to drain sufficiently. It was also initially unacceptable because it had a brass finish as opposed to chrome. It is a common practice that the finish of the faucet and strainer match. He was given the old existing strainer in an effort to help find a suitable match. He indicated one didn't exist so the option of chroming the existing was offered. I made it clear at the time that he would be paying for the chroming. Two months passed and he called us in January 2011 to tell us he finally located someone to chrome the piece. He was told by my wife not to proceed and that his job was done, and to call me, and he didn't. He then called 4 months later on May 16, 2011 (9 months after the start date of the project) to tell me the strainer had been chromed and was ready to install. I told him on the phone once again, his job was done.(On Monday, as an experiment I wanted to see how long it would actually take to locate someone capable of chrome plating. It took me approximately 2 minutes of doing a search on the internet to locate someone who is local to my address.)3. He punctured a window screen while working on the front porch. 4. His truck leaked oil onto my driveway pavers. 5. He installed the laundry box incorrectly making it impossible to install the finish trim for the box. The box was supposed to be installed flush to the face of the drywall and it wasn't. 6. He was supposed to install hot and cold water shut-offs under the sink and he did not.7. He removed insulation in the crawlspace to install piping and didn't replace the insulation.8. The exterior dryer vent was installed with 2 steel screws, which are now rusting. Since it was installed incorrectly, the vent is now warped. The product is supposed to be installed with 4 exterior-grade stainless steel screws.9. The hot water heater was dented (not significantly) during installation.10. His worker made it clear on numerous occasions that he'd rather be installing fire sprinkler systems in Manhattan. He also had an immensely unprofessional, anti-productive, nasty attitude.My questions-I obviously do not want him to finish the project or correct any of the problems he left.1. Can he place a lien on my house? It has been 10 months since the start of the project, there is no signed contract, and the project is incomplete.2. He sent over a bill for the balance of the project ($1,792.54) that includes the cost for the chrome plating. He indicates the plating was done on May 16, 2011 (after he was told in January not to proceed, and 9 months after the start of the project). He also incorrectly states in the bill that I was supposed to supply the strainer. He never indicated he had intentions to charge me for the brass strainer he wanted to install.3. Is there not a reasonable amount of time one can assume a project to have been abandoned by a contractor? Does this example constitute abandonment?4. He refers to his proposal as a contract. His proposal is all that exists. I can even claim I never received the paper copy- he sent it via regular mail. Can it be considered a contract?- I didn't sign anything.5. What course of action should I take? Ignore him; report him to the BBB; write a letter back stating the job is done and he isn't entitled to anything else; call him to attempt to set him straight; or obtain contractor quotes to finish the project and correct the issues, then use it to attempt to offset the balance he is trying to collect (do I need to go that far)? How should I proceed?
What can I do if a client refuses to pay their bill?
I provided farrier services, and 'loaned' two new halters for her new foals, which she has not returned. She paid part of her bill, and now that she no longer has the horses, refuses to pay the remaining balance. It is now a year old, and she paid in small amounts, and I haven't recieved the balance. Her last payment was 50.00, in 11/2010.