Question for the lawyas in the house

winneythepooh7 · #1 05-18-2005, 06:32 PM

OKAY I apologize if this is all over the place, but here is the basic situation. My boyfriend and his best bud own their own construction business. Recently, they did some work for a young couple, both who recently became attorneys. The couple (ie. his wife a.k.a the bitch) still owe them $2800.00. There's always excuses like they are waiting for the money from their parents but today the funny stuff started. The wife starts claiming all this work (that was never in the contract to begin with) wasn't done, and today claimed that my boyfriend threw out some wooden door or cover or something and she wants a brand new one for free. (This apparently had nothing to do with the job they did). So it is basically her word against theirs. My boyfriend feels that she is literally abusing her power of attorney to get what she wants done in the apartment for free. Any advice besides me going down to Brooklyn and not acting rational for him LOL

. This may not even be a legit legal issue anyways, he just wants his money.

ladygreek · #2 05-18-2005, 07:56 PM

Sounds like your BF and his bud need to consult an attorney. In fact as business owners they should have one anyway.

WCUAXID · #3 05-18-2005, 08:47 PM

I know that you are frustrated but you really should edit your post and remove the wifes sorority affiliation. I know plenty of women in this group who are great and wonderful women. Just think if the situation were reversed and someone listed your sorority in a negitive way. Just a thought.

tunatartare · #4 05-18-2005, 08:52 PM

I don't think she was saying what sorority his wife is in. In the non-greek world, AKA= Also Known As.

winneythepooh7 · #5 05-18-2005, 09:00 PM

Quote:

Originally posted by KLPDaisy
I don't think she was saying what sorority his wife is in. In the non-greek world, AKA= Also Known As.

Thanks KLP. I would never post something like that, that is just overall rude.

ladygreek · #6 05-18-2005, 09:34 PM

Quote:

Originally posted by WCUAXID
I know that you are frustrated but you really should edit your post and remove the wifes sorority affiliation. I know plenty of women in this group who are great and wonderful women. Just think if the situation were reversed and someone listed your sorority in a negitive way. Just a thought.

I thought the same thing when I first read it, but then realized she meant also known as. Maybe adding periods will help==A.K.A.

winneythepooh7 · #7 05-18-2005, 09:41 PM

Ok all better. I have this tendency to type in caps like that with abbreviations and didn't catch it when I typed the thread. Anyways, for an update, my boyfriend and his partner had a meeting tonight and his partner called her husband. He (the husband) admitted his wife is a pain in the ass and he is going to put her in check later. I also have advised him to get a lawyer friend too even before this but their company is still only about a year old and they aren't "there yet" if you know what I mean (ie. trying to save costs as much as possible). This job actually started out because these people are friends of one of their friends. They also have gotten another job in the immediate area out of this job so they want to "do the right thing" so these people don't try to give them a bad name.

kddani · #8 05-18-2005, 10:28 PM

Anyone starting any kind of company like that should have some sort of lawyer that they can talk to. It's a very necessary expense. There's a lot of issues that come up when you own a business, and construction is no different. Your boyfriend and his partner should each also think about consulting an attorney and establishing a more formal relationship in the business (i.e. a partnership, corporation or whatnot), because in the long run they could get screwed by someone else or even the others involved in the business. They can easily shop around and find a reasonably priced attorney to begin to establish a relationship with.

winneythepooh7 · #9 05-18-2005, 10:35 PM

Quote:

Originally posted by kddani
Anyone starting any kind of company like that should have some sort of lawyer that they can talk to. It's a very necessary expense. There's a lot of issues that come up when you own a business, and construction is no different. Your boyfriend and his partner should each also think about consulting an attorney and establishing a more formal relationship in the business (i.e. a partnership, corporation or whatnot), because in the long run they could get screwed by someone else or even the others involved in the business. They can easily shop around and find a reasonably priced attorney to begin to establish a relationship with.

They do have a formal relationship in the business. I think it's called LLC? (Sorry, as you can see I am neither a business nor law major

). It's hard because I don't want to be the one telling them what they should be doing. Having this business has been major stress on both of them and they've had to give up so much over the past year to start it. My boyfriend tells me every day that it would be so much easier to just bail out now and work for someone else but this is his dream. I think when anyone starts their own business like this, there are so many risks involved. If anyone has started a company like this, feel free to chime in with your experiences and advice.

kddani · #10 05-18-2005, 10:40 PM

Did an attorney originally set up their LLC? I'm guessing so. If so maybe he can go to bat for them a bit. Sometimes a phone call or a letter is enough to scare someone into stop being a beotch.

winneythepooh7 · #11 05-18-2005, 10:45 PM

When he is calm and not in work mode (maybe this weekend) I will suggest this to him. Thanks, that sounds like a good idea. It's hard too because now is the busy season for them so trying to sit down and talk business sense doesn't necessarily go over well when they are thinking about how they are going to meet deadlines on all their jobs.

FSUZeta · #12 05-19-2005, 09:13 PM

don't know what the laws in new york are, so this might not work, but how about a lien on their property if they don't pay?
or they could take the customers to small claims court.

Munchkin03 · #13 05-19-2005, 09:43 PM

Quote:

Originally posted by WCUAXID
I know that you are frustrated but you really should edit your post and remove the wifes sorority affiliation. I know plenty of women in this group who are great and wonderful women. Just think if the situation were reversed and someone listed your sorority in a negitive way. Just a thought.

Oh, dear.

cashmoney · #14 05-20-2005, 11:57 AM

Quote:

Originally posted by winneythepooh7
OKAY I apologize if this is all over the place, but here is the basic situation. My boyfriend and his best bud own their own construction business. Recently, they did some work for a young couple, both who recently became attorneys. The couple (ie. his wife a.k.a the bitch) still owe them $2800.00. There's always excuses like they are waiting for the money from their parents but today the funny stuff started. The wife starts claiming all this work (that was never in the contract to begin with) wasn't done, and today claimed that my boyfriend threw out some wooden door or cover or something and she wants a brand new one for free. (This apparently had nothing to do with the job they did). So it is basically her word against theirs. My boyfriend feels that she is literally abusing her power of attorney to get what she wants done in the apartment for free. Any advice besides me going down to Brooklyn and not acting rational for him LOL . This may not even be a legit legal issue anyways, he just wants his money.

I feel a little different about all this. First off, was/is there a bond in effect? A completion bond? If so, she doesnt have to give him any money till the work is completed. I know usually contractors complain about people not giving them thier money but 1/2 the time the contractors either havent done what was originally agreed upon or else they did a shitty job and something broke/messed up and they don't feel they should have to replace anything that screws up or is trashed-thats why I say get a maintenance bond....it puts the contractors in handcuffs when it comes to getting done what you agreed upon to begin and it covers your ass if they do a shitty job or use shitty materials and it screws up say weeks/months later.

Anyhow, good luck but I doubt your BF will get anywhere.

Lady Pi Phi · #15 05-20-2005, 01:09 PM

Quote:

Originally posted by cashmoney
I feel a little different about all this. First off, was/is there a bond in effect? A completion bond? If so, she doesnt have to give him any money till the work is completed. I know usually contractors complain about people not giving them thier money but 1/2 the time the contractors either havent done what was originally agreed upon or else they did a shitty job and something broke/messed up and they don't feel they should have to replace anything that screws up or is trashed-thats why I say get a maintenance bond....it puts the contractors in handcuffs when it comes to getting done what you agreed upon to begin and it covers your ass if they do a shitty job or use shitty materials and it screws up say weeks/months later.

Anyhow, good luck but I doubt your BF will get anywhere.

I don't know the laws in the state of Florida or New York, but usually contractors have more protection than home/business owners that are contracting for the work.

I definitly agree with kddani, have your boyfriend and his partner contact the lawyer that set up the LLC for them. He/she will mostly likely be able to help them or at least refer them to an attorney who specializes in these matters.