Re: Breach of Contract, Negligence and Fraud

There have been some excellent responses so far, and yet one question I would ask is whether the contract provided for unanticipated events. You stated that the job ran into problems; were these problems caused by you and/or your workmen or subs, or were these problems caused by the homeowners or people under their control?

As stated by the other attorneys, it is necessary to read your contract to see what your legal position is, and what defenses to the lawsuit you may have. But in any event, most importantly, get legal assistance immediately, because, hopefully, the situation can still be rectified.

Also, your mention of police officers raises a question in my mind as to whether a criminal report or police report was filed against you. Have your attorney check into this as well.

Susan Adler, Esq.

Re: Breach of Contract, Negligence and Fraud

It sounds to me like anticipatory repudiation, or the owners creating a impossibility which did away with your duty to perform under the contract. I highly recommend that you get an attorney. If you are located in Southern California give you may call me for a free consultation at 818-342-8020 x1.

Norman Gregory Fernandez, Esq.

www.norman-law.com

Re: Breach of Contract, Negligence and Fraud

You did not supply enough information to determine whether you are in breach of contract. You did not explain why the owner locked you out.

You can call me for a 10-15 minute free consultaion at 415 421-8890. Identify your self to the receptionist and tell her this is file number 136B.

Re: Breach of Contract, Negligence and Fraud

There are a couple of issues which can't be addressed because of the minimal amount of information you provided. Whether you breached depends on why the owner first locked you out of the jobsite and had you recover your tools in Sept 99; in other words, did your action or inaction breach the terms of the contract and give the owner grounds to terminate. As the owners hired an attorney who tried to get you back onsite, the owners may have been unjustified and repudiated the contract wrongly. The "statement" you wrote may or may not have affected the contract (were there conditions, demands, etc.?). Being served a summons on 5/22, you should have responded in 30 days to avoid a default -- did you get an extension of time or hire counsel in the meantime? (recognizing lawguru apparently took 5-6 weeks to post your inquiry) If I can be of assistance, please contact me at 626-963-3940 (direct dial) or at wfbresee@breseelaw.com

Re: Breach of Contract, Negligence and Fraud

As the other attorneys have noted, your inquiry raises more questions than it answers. It is impossible to say whether you have a solid defense; we don't even know what the complaint against you alleges.

A critical fact is what justification, if any, the homeowners had to kick you off the job in the first place, and why it was done with a police presence. Either they are nut cases or the job was going very badly.

In any event, you certainly need legal representation at this point, if you don't already have it. Relief from default (failure to answer) if one occurred, and/or its consequences, can be obtained.

Another point-- you might have a case (counterclaim) for defamation arising from the unusual and hostile public dismissal.

I am willing to give you a free consultation by FAX, phone or e-mail; my office is in Santa Rosa, Sonoma County.