Legal Question in Construction Law in Indiana

Contractor Swindle

I have a contractor that is trying to swindle me. The house he is building has set idle since April of 2002. He has made several changes to the house after we agreed on the price.

There has been no indication that he is willing to settle.

The contractor has filed a lawsuit for Breech of Contract against me in July.

The second part of my problem relates to my lawyer. My lawyer has not filed a counter suit against the contractor.

I think my lawyer is afraid to go up against the contractors law firm.

I have tried to hire other attorneys but no one wants to take the case.

Where can I find someone willing to take on my case?

Also, if my lawyer has caused me any more problems, how can I sue him?

Asked on 12/31/02, 1:11 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Contractor Swindle

Are you familiar with this notion: "when you are told three times that you are dead, the least you could do is lie down?" That one came from somebody's grandmother in San Francisco. I suggest you review your situation again to see if you have yourself contributed to the problem. Of course I do not know your lawyer, but it is very unlikely that his or her reluctance to file a counterclaim arises from his fear of any law firm. Lawyers are not scared of one another. And big firms have no more access to "justice" than sole practitioners. Without more details in your query, I can't say why there has been no counterclaim. For one thing, a basic defense may be sufficient to defend your rights. Maybe there is no adequate basis for the counterclaim. Contrary to popular belief, lawyers do not file lawsuits willy-nilly, but must have some reasonable basis for believing they have a case. Maybe your lawyer is otherwise demoralized. Have you been cheerfully paying your attorney fees? We all like a chance to have a satisfied client. You will have a hard time finding someone to substitute in for your current lawyer, because those of us with experience know too well that a dissatisfied client will remain dissatisfied, whomever represents him. So, meditate on what you need from this situation to be happy. Then go ask you lawyer, or a new lawyer, if that can be achieved. Contact your local county bar association for a referral. Ask for someone with experience in construction law. Good luck.

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Answered on 12/31/02, 7:35 am

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