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Bacon.
Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay. The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner. This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.
No, not unless the HO was negligable. The contractor should have insurance for his ow protection. But then again, we are a sue happy liberal society
"Don't do it, because if you screw up they can sew you for all your worth. My advice is get licesened then if you screw up you have insurance for a reason." Wrong, an unlicensed contractor in California has no standing to sue, however, a homeowner may sue the unlicensed contractor and recover any money paid even if they are and were aware of the state of the contractor's license prior to contracting.
When the general contractor makes a threat to a homeowner, about selling all the homeowners personal property, that the contractors have in storage. And the contractor has not finished the repairs on the homeowner's house. Can the contractor sell their property?
"Don't do it, because if you screw up they can sew you for all your worth. My advice is get licesened then if you screw up you have insurance for a reason." Wrong, an unlicensed contractor in California has no standing to sue, however, a homeowner may sue the unlicensed contractor and recover any money paid even if they are and were aware of the state of the contractor's license prior to contracting.
Yes--for any reason. The most common is breach of contract (non payment). Anyone facing a contractor's lawsuit should see an attorney ASAP to prevent any legal problems, especially foreclosure of your home (if the contractor is suing for non payment). And if you win the lawsuit, the contractor will likely have to pay your attorney's fees.
You can sue the state of Indiana for breach of privacy depending on the circumstances of the breach. For example, if you had a contract with a specific state agency that guaranteed you privacy and this contract was broken, then you could sue for breach of privacy.
The matter has to go to court. A homeowner cannot do it directly.
Chublets!
If the homeowner agreed to pay for the services then the contractor can sue in civil court. However, the contractor must show evidence that the services were performed and that the homeowner agreed to pay for the removal. If the contractor prevails, the court will issue a judgment lien that can be recorded in the land records. The property cannot be sold or refinanced until the lien is paid. The best method of having the necessary evidence for a lawsuit in hand when the homeowner refuses to pay is to provide a written estimate of the services with one copy to the homeowner and one to stay with the contractor. If the homeowner agrees to the terms of the estimate both parties should sign and date the estimate. The contractor should have the homeowner sign again after the job has been completed. Forms can be purchased at a business supply store or made up on a home computer if necessary. The contractor should take some photos of the tree prior to cutting and then after the job has been completed. Unfortunately, few contractors and homeowners arrange to have the proper documentation prepared and signed prior to the work being performed.
The swimming pool contractor generally performs this function. However, the law holds the homeowner responsible for making sure it is done.