
03-01-2006, 01:50 AM
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Senior Member
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Join Date: Jul 2005
Posts: 146
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Quote:
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Originally Posted by D1X1E
I am under contract to carpet an entire motel in Mariposa California. The owner is responsible for all materials to do the job. Prior to materials arriving to the motel. The manager of the motel (seperate than owner) demanded that I start job on the day before materials were due to arrive. When i told her that i could not do the job until all materials such as carpet pad and tack strip arrived the next day. She called the police and had me escorted off of the premises. My question is Do I have a breach of contract lawsuit?
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Maybe. You need to establish that you tried to do your work but were prevented doing so by the owner. (I don't think it makes a difference here whether it was the owner or the manager since the manager is the agent of the owner.) Write them a letter trying to work. Show up the next day, offer to get the work done. This will build your case, assuming you want to sue on it.
Also keep in mind that even if you can prove that they breached your contract, there is the question of damages. The contract should address this issue. Review the contract with a contracts lawyer to see if you can recover anything significant damages at such an early stage in the contract. Or maybe you can put a lien on their property because they didn't pay you under the contract. Here you definitely need to talk to a contracts and / or a real estate lawyer.
In the end, the best course of action may just be to call up the owner and try to work things out with them.
Good luck!
EXPERT
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