Contracts
Construction Contract
Florida
Do you work for a commission of what is recovered?
We purchased a home with an enclosed sun room. This room was not permitted and is not up to code, therefor has to be torn down and rebuilt at a cost of $25,000. I feel this should have been disclosed by the seller and home inspector we hired. Do we have any recourse?
Answers from 1 Lawyer
Answer
Contracts
Florida
Donya G.
ContractsCounsel verified
Hello, This is possible. As a reminder, each attorney on the website works independently and may or may choose to work on commission. In order to inquire whether an attorney will want to work on commission, you will need to post the job on the website, with a likely title like " looking for an attorney to discuss home improvement cost to work on commission based on results". Once the interested attorneys respond, you can then speak with them in determining how to proceed. Donya Gordon, Esq.
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You may want to start with having an attorney contact the breaching party to cure the default or pay you for the breach. If this cannot be resolved via negotiations, then litigation may be necessary. Please resubmit as a project on this platform so attorneys can bid on it.
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Construction Contract
North Dakota
Does this constitute a breach of contract on the part of the home improvement company?
I'm waiting for a roofing project to get started which is holding up my other home improvement projects. I received an email from the company stating: "This is to confirm that we have your roof install set for 8/25-8/26." After sending several emails to the scheduling manager without response, I called the local project manager on Wed, Sept 1 to check the status. He has no idea when it will get done. I was unaware that they are subcontracting the project so they can't find a crew to do the job. He said he would get back to me but I haven't heard anything since. Contract states in part: "Customer shall be responsible for the cost to Company of any custom ordered products or materials, a 10% restocking fee on any non-custom products or materials, installation costs, if any, incurred by Company, and liquidated damages of 30% of the contract price as and for Company's lost profits. Such costs and damages may be withheld from Customer deposits." I have paid them half of the bid, $7200. Are they in breach of contract? Can I cancel this contract without being responsible for costs and damages and receive a full refund?
Donya G.
Hello, You will need an attorney to review your full agreement in order to properly advise you based on the contract. As such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for an attorney to review a contract to determine whether the party is in breach -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.
Read 1 attorney answer>Contracts
Assignment of Lease
Florida
Contract to lease land from a church?
I’m planning on leasing land from a church. Putting a gym on the property. And leasing it back to the school.
Donya G.
Ok; first step is that you will need a leasing contract with the church. Ask them to prepare one for you so you would just need an attorney to review the agreement and that should cost less than if you had to be the party to pay a lawyer to draft it from scratch. You need to ensure that the purpose of the lease is clearly stated - that you plan to put a gym on the land so that there are no issues if the church leadership changes. Step 2 - you will need a lease agreement with the school that your leasing it do (hopefully one that is similar to the original one your received from the church). Again, please ensure that all the terms that you discuss and agree to are in the document; including length of time, price and how to resolve disputes if you have one. I hope this is helpful. If you would like me to assist you further, you can contact me on Contracts Counsel and we can discuss a fee for my services. Regards, Donya Ramsay (Gordon)
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How to get out of a business contract?
I want to get out of a contract with our main vendor and have been reading the contract but it doesn't say much. I believe this is in the termination clause based on research, but it doesn't specifically say what I need to do. Any advice?
Donya G.
A contract generally has termination terms; that would be the way to get out. If there are no terms, then the best thing to do is negotiate with the party on an exit strategy that is agreeable to both parties. As a contracts attorney that specializes in contracts and contracts disputes, I would be happy to assist. You can connect with me on the website or through my profile page - Donya Gordon Donya
Read 1 attorney answer>Contracts
Noncompete Agreement
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Noncompete agreement choice of law?
I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.
Venus C.
Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.
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