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Can a homeowner file a claim against the general contractor if he takes more money that the budgeted amount and then abandons the job?
Wiki User
∙ 15y ago
Not really enough information contained in the question. What do you mean by "the budgeted amount?" Did he have access to the account in which the money was held? Does the money he took, exceed his expenses, costs, and outlay? What contracts were in force? Etc.
Wiki User
∙ 15y ago
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Can a homeowner insurance company file a claim against a homeowner's employee acting as a general contractor during a remodeling project?
Yes
What is recourse for homeowner whose insurance company paid contractor in full and contractor refuses to complete the job as agreed to with the insurance company?
Your contract with the tradesman is between "You and the Contractor", He did not contract with your insurance company. All the insurance company did is agree to pay the bill for you. So you would need to bring your own civil or criminal action against your contractor depending on the circumstances.
If you carry a ghost policy as a sub can you still file against the contractor?
No, you cannot file against the contractor if you carry a ghost policy as a sub. The only way to file against the contractor is via a worker's compensation claim.
How do you get a homeowner pay their contractor?
If in the US, find the closest title company to the address of the property in question and file a lean against it. This doesn't force them to pay, but they will not be able to do anything financially with the place until the lean is taken care of. (Sell, refinance, etc)
Can a lender take legal action against the homeowner?
It's called repossession. The lender owns the property, the homeowner is making payments.
Can new Homeowner file a claim against General Contractor Liability Insurance for work done for previous home ownwer that caused property damaged recently discovered by new owner of the house?
No. You, (The new owner) was not a party to the contract between the previous homeowner and the trade contractor. The contractor has no obligation to a subsequent owner with whom he did not contract or make warranty. It's no different than when you buy a used car. You would have no recourse for work you might consider substandard against a mechanic that did repairs for the previous owner because you did not own the property at that time and were not a party to the repair agreement. Hopefully you purchased a home warranty through your realtor when you purchased the home they are very inexpensive. Your recourse would be to file a claim on the home warranty offered to you when you made your home purchase.
Does homeowner policy protect against theft?
Not all homeowner policies cover against theft. The most basic homeowner policy will only cover against fire, wind and hail. If your Home Insurance Policy includes burglary then you should have no problem with coverage up to the specified limits. If the theft was by a household member then it is most likely not covered.
Can a contractor lien the property and my vehicle?
Yes and no. The contractor can file a lien against your house for non-payment. Even if you honestly don't owe the contractor any money, he may still lien your house; he will eventually have to prove the lien's validity in court or it is automatically released. No lien can be filed against your car. However, if the contractor gets a judgment against you, that judgment may be executed against your car and home to secure payment.
Can you file a claim against employer if you are an independent contractor?
Yes.
Can a subcontractor be sued by the homeowner if he violated the mgl 93a?
It depends on who you hired. Typically you enter into a contract with a General Contractor. Your contractor then hires his own subcontrators in an agreement which you are not a party. The General Contrator is responsible for all the work performed whether by him or by a subcontrator he chose to do the work. It his job to supervise the work perdormed by his sub contrators. Your claim is against the General Contrator that you hired, not against the subcontractors that he hired as you have no agreement with that subcontrator and you have no way of knowing what the terms of the agreement between the General and the Sub was.
What happens when a contractor gets the work done on a house and the homeowner decides not to pay?
he goes to the court house pay's $50. and puts a lean against the property * Generally the contractor will file a mechanic's lien against the property. The procedure for filing the action is governed by state law and therefore differs greatly from state to state. The basics however are the same, the contractor sends notice to the property owner and to all other parties involved in the construction project and then drafts and files the required legal documents at the office of the city or county recorder of deeds in the city or county where the property is located.
Will contractor have a right to repair a defect?
Yes a contractor has the right to repair a defect. It is a requirement of filing a lawsuit against them that you demanded repair.
