Need Advice From A Contractor Or Lawyer!

 
Thread Tools Search this Thread Display Modes
Old 06-23-2006, 11:03 AM   #1
Member
 
bmf5150's Avatar
 
Trade: remodelling
Join Date: Jan 2006
Posts: 36

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

bmf5150 is offline  
Warning: The topics covered on this site include activities in which there exists the potential for serious injury or death. ContractorTalk.com DOES NOT guarantee the accuracy or completeness of any information contained on this site. Always use proper safety precaution and reference reliable outside sources before attempting any construction or remodeling task!

Old 06-23-2006, 11:14 AM   #2
Chief Toilet Mover
 
Mike Finley's Avatar
 
Trade: Bathroom Remodeling
Join Date: Apr 2004
Location: Littleton, Colorado
Posts: 14,078

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?
Mike Finley is offline  
Old 06-23-2006, 11:27 AM   #3
Electrical & Plumbing
 
Atricaudatus's Avatar
 
Trade: Electrical and Plumbing contracting
Join Date: Apr 2005
Location: Eastern NC
Posts: 117

Re: Need Advice From A Contractor Or Lawyer!


Quote:
Originally Posted by Mike Finley
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?

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.
__________________
-Rhett
Licensed electrician and plumber
Atricaudatus is offline  
Old 06-23-2006, 11:40 AM   #4
Pro
 
RobertCDF's Avatar
 
Trade: Custom deck builder
Join Date: Aug 2005
Location: Colorado Springs, Colorado
Posts: 4,325

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.
RobertCDF is offline  
Old 06-23-2006, 11:41 AM   #5
Pro
 
joasis's Avatar
 
Trade: General Contractor
Join Date: Mar 2006
Location: Hennessey, Oklahoma
Posts: 6,057

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.
__________________
Ladwig Construction
Hennessey, Oklahoma
405 853 1563

Ladwig Insulation & Construction Services
Serving Oklahoma Statewide
joasis is offline  
Old 06-23-2006, 11:49 AM   #6
Charitable animal
 
Bone Saw's Avatar
 
Trade: decks
Join Date: Feb 2006
Location: Chester Co. PA
Posts: 2,510

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.
Bone Saw is online now  
Old 06-23-2006, 11:58 AM   #7
Bah Humbug!
 
Grumpy's Avatar
 
Trade: Roofing and Gutter Specialist
Join Date: Oct 2003
Location: Chicago
Posts: 8,574
Send a message via AIM to Grumpy

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.
Grumpy is offline  
Old 06-23-2006, 12:07 PM   #8
Back from the dead...
 
ProWallGuy's Avatar
 
Trade: Paperhanger/Painter
Join Date: Oct 2003
Location: St. Louis, MO
Posts: 6,544

Re: Need Advice From A Contractor Or Lawyer!


Yeah, the guy ain't a contractor, he's a homeowner.

ProWallGuy is offline  


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Self employed guy needs some advice from the Pros to keep things straight... Luny Landscaping 14 05-27-2007 12:38 PM
occupational advice steve-o Electrical 4 08-12-2006 08:36 PM
Need Advice on Poly-Urethane Issue realpurty2 Construction 5 08-09-2006 11:29 PM
excavation advice... Scratch Excavation & Site Work 8 04-01-2006 10:44 AM
Can anyone give me advice...Georgia truamerican Construction 0 02-22-2006 09:24 PM

Join Now... It's Fast and FREE!

Privacy Badge
I am a professional contractor
I am a DIY Homeowner
ContractorTalk.com is for
PROFESSIONAL CONTRACTORS ONLY!

At ContractorTalk.com we cater exlusivly to professional contractors who make their living as a contractor. Knowing that many homeowners and DIYers are looking for a community to call home, we've created www.DIYChatroom.com DIY Chatroom is full of helpful advices and perfect for DIY homeowners.

Redirecing in 10 seconds
No Thanks
terms of service

Already Have an Account?