Re: Disclaimer, and Contract Comments - Saab General Bulletin Board - Saabnet.com
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Re: Disclaimer, and Contract Comments
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Posted by Dave Chicago [Email] (more from Dave Chicago) on Fri, 8 May 2009 06:45:22 Share Post by Email
In Reply to: The whole job was 5000, we paid them 1000, 00 9-3 SE, Thu, 7 May 2009 12:44:43
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(1) I'm not a construction lawyer, and most contract law is state-by-state, so you need advice on the law applicable to your contract.
(2)There are exceptions, like where there are Federal consumer protection things, but many of these deal with products, not services. There might be something for construction. The Federal Trade Commission (FTC) has a website.
(3) If they are claiming against you, then they will typically have to prove that they performed their obligations under the contract. So you might have a defense to not pay the rest, because they never completed the job. Their "letter" thing might make a difference, but any lawyer needs to read the whole thing -- which I haven't done, so I can't say.
(4) Many states have Consumer Fraud statutes. Some don't. Some of these list specific suspicious practices ("bait and switch", "on sale", certain industries) some don't. There might be home repair provisions.
(5) Major municipal areas may have their own consumer protection laws/rules. Big cities? Counties? Depends on where you are.
(6) There may be a local bar association that can get you advice or guidance. Big cities probably have them, maybe counties, maybe the state bar. They might have consumer protection committees or referral services.
(7) The lien can be a tremendous headache, especially if you try to refinance or sell. Again, expect it to vary from state to state, and maybe within a state (county by county, depending on who records liens?).
(8) I'd hire a pro to rebuild a transmission, (and have!), not do it myself . When I need legal advice I ask another lawyer.

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