Ask Your Legal Question. Legal Experts Answer You ASAP.

(Not a Legal Question?)

Contractor who has done work on my house
Sent to Legal Experts October 12 10:53 AM

Contractor who has done work on my house wants to go to arbitration on items that have not been resolved. The company which I originally signed a contract with he no longer operates under.   I have never signed a contract with the company he is doing business with now. I am holding back funds because the work has not been completed, or is shoddy. Two items that are of important is my siding which in areas is not on the tracking system and a warped front door.   We agreed that we would call in an outside siding person. When the siding came and started going overe the problems my contractor started arguing and complaining I owe him money. The outside contractor wanted nothing to do with the situation and left. I just want the problem resolved asap so there is no damage to my home. I would be happy to get someone else do the work and just deduct the cost from the funds. Now he wants arbitration. Costly situation all the way around and no clue if I should agree to arbitration.

 

Optional Information:
Hampton Bays, New York

Already Tried:
Tried reasoning with the contractor to no avail

Customer (name blocked for privacy)
Answer
October 12 11:02 AM (8 minutes and 44 seconds later)
         
ACCEPTEDCheck Mark

Hi,

Arbitration is fine. But get a written agreement that it should be conducted per the rules of the American Arbitration Association; the arbitrator's award will be binding; not appealable; and can be confirmed per the NY Civil Practice Law and Rules.

Rich Licata



Edited by Richard V. Licata on October 12 2007 at 11:03 AM



To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Reply
October 12 11:10 AM (7 minutes and 38 seconds later)
         
I would like to know if I am legally bound to go to arbitration. As well, do I legally owe him money if the company I orginally signed a contract he is no longer doing business as? If the original contract can not be enforced, because he is doing business under another name and can not accept payments to the first company he representative himself to..can I get the work done by another contractor? Would be more than willing to deduct cost of work from any monies owed him as I feel I am morally obligated to do?
Answer
October 12 11:19 AM (9 minutes and 7 seconds later)
         
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
Reply
October 12 11:26 AM (7 minutes and 2 seconds later)
         
Then he is in default of his agreement with me to call in another person to handle the situation, correct? Can the work be done by another contract while waiting for arbitration? My fear the lack of addressing the existing issues with the siding can lead to damage to my home. Who picks out the arbitrator? Have no clue what arbitration involves. Is it a timely and costly process?
Answer
October 12 11:35 AM (9 minutes and 9 seconds later)
         
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
Reply
October 12 11:53 AM (17 minutes and 35 seconds later)
         
So it is acceptable to an arbitrator that I proceed with the work in fear of damage to my home? I tell him that I will sign an agreement to go to arbitration per "AAA" rules and include in it a statement that I will proceed with an outside contrator to fix the existing problems in order to avoid damage to my home?   If he refuses, I am assuming the next step will unfortunately be a lawsuit? Do I sit back and let him sue me and hope the courts then feel he is responsible for my attorney fees? Or do I persue the suit? The whole situation is beyond the siding. He came to do capital improvements on my home due to a fire. Most of the work I am completely satisfied with but at times it was a fight to get things done properly. Provided me with a bill in June now says he has to put together a bill. Taxes showed on the first bill, questioned it and he said he shows cause that's what his accountant advises him to do. He had a stroke several months after we went into contract and personally I believe his mind was affected. Waiting now to see the bill he is going to be presenting to go into arbitration. The changing of companies, etc. is leading me to believe he is not on the up and up with many areas and tries to collect tax monies from customers unlawfully. I had my head up my butt when this all first started because I was taking care of my mom who was dying. Three years of total craziness and it continues. Thank you very much for you input.
Reply
October 12 12:15 PM (22 minutes and 50 seconds later)
         
If it falls to a lawsuit, I am still in the right to safeguard my home? Would it be wise to get several estimates for repair? Other problem did arise when outside siding contractor was here. He advised me the company which manufacturered the siding is discontinuing the type I have and it would not be available in the near future. Another reason I need to more forward immediately. This is how I got stuck into residing the complete house to begin with. Only the backwall was damaged. Discontinued siding gave me the only option to move what was on one area on the house to the back wall so it would and use another type that would compliment the house. Contractor said it was doable..only to find out afterwards faded differently and had to replace all of it. Life is good, eh?   Thanks!
Answer
October 12 12:29 PM (13 minutes and 51 seconds later)
         
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
Think you can answer this question?
Login or Become an Expert

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

Just Answer! > Legal