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#1 |
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Member
Trade: remodelling
Join Date: Jan 2006
Posts: 36
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Need Advice From A Contractor Or Lawyer!
i was building a house with a contractor who ended up making a big mistake on the house.we both agreed that he would keep the house and he would refund my money.be both signed an paper saying that the contract that we had was void and that we would not go after each other legally.originally this guy had a lady draw up prints for for us of his house,but we had major changes to the floor layout and made it bigger.the prints state on there prepared for his construction company name and called it my last name residence.i didnt pay a dime for the prints.i have since decided to contract the house my self.i took the print copy i have and blocked his company name off and had copys made and was getting bids off of the prints.the guys found out and now wants me to pay for the prints.my question is can he take legal action aginst me even though its doesnt say anything on the prints about being copy written.i feel like he shouldnt be going after me for this considering he held on to my money for 6 months without paying me interest not to mention all the loss time he caused me due to his mistakes and that i will take a loss consideriing in that 6 month how constructions cost have gone up!
stan |
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#2 |
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Chief Toilet Mover
Trade: Bathroom Remodeling
Join Date: Apr 2004
Location: Littleton, Colorado
Posts: 14,078
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Re: Need Advice From A Contractor Or Lawyer!
Are you serious?
#1 If you didn't think you are a thief, why did you white out his company name on the prints? #2 In regard to what you think you are owed - after you signed the paperwork between you two that said no harm no foul did you suddenly vomit out another set of documents that said there was a harm and a foul and you deserve something for it? |
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#3 | |
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Electrical & Plumbing
Trade: Electrical and Plumbing contracting
Join Date: Apr 2005
Location: Eastern NC
Posts: 117
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Re: Need Advice From A Contractor Or Lawyer!Quote:
I'm with Mike on this one. If the contractor produced the prints, and you admittedly did NOT pay him for them, then the prints are the property of the contractor. He is entitled to be paid for the use thereof, notwithstanding any disputes that occured. Marked as such or not, they are copyrighted material.
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-Rhett Licensed electrician and plumber |
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#4 |
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Pro
Trade: Custom deck builder
Join Date: Aug 2005
Location: Colorado Springs, Colorado
Posts: 4,325
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Re: Need Advice From A Contractor Or Lawyer!
And another one to agree with Mike. Those aint your prints buddy. You have a few choices:
1. Pay him for the prints. 2. Hire a lawyer to fight him off and spend more than the prints would cost anyways. And you may still loose. 3. Hire another architect to design your house. I would advise picking 1 or 3.
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Robert Shaw Colorado Springs Custom Decks Colorado Custom Decks Custom Composite Decks |
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#5 |
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Pro
Trade: General Contractor
Join Date: Mar 2006
Location: Hennessey, Oklahoma
Posts: 6,057
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Re: Need Advice From A Contractor Or Lawyer!
This is a sensitive issue with home designers and architects. You are using his material, you pay him! It is the right thing to do.
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Ladwig Construction Hennessey, Oklahoma 405 853 1563 Ladwig Insulation & Construction Services Serving Oklahoma Statewide
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#6 |
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Charitable animal
Trade: decks
Join Date: Feb 2006
Location: Chester Co. PA
Posts: 2,510
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Re: Need Advice From A Contractor Or Lawyer!
I smell a scumbag consumer here http://www.contractortalk.com/f4/i-need-advice-major-screw-up-my-contractor-foundation-10261/
you admited to changing the plans, the contractor acted resonable about calling a meeting, I think the contractor acted beyond honorable (understatement) in alowing you to back out of a contract, not to mention refund your money. You should be thanking your lucky stars to be walking away from this abortion unscathed, and you have the nerve to hang out on a contractor forum incognito and ask contractors if it is ok that you stole his plans that he paid for.
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#7 |
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Bah Humbug!
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Re: Need Advice From A Contractor Or Lawyer!
Yes those are the contractor's prints. I'd be pissed also if I was in his situation.
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#8 |
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Back from the dead...
Trade: Paperhanger/Painter
Join Date: Oct 2003
Location: St. Louis, MO
Posts: 6,544
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Re: Need Advice From A Contractor Or Lawyer!
Yeah, the guy ain't a contractor, he's a homeowner.
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