The time has come

otis04 said:
Not to be picky, but pos attorney is redundant.

Well actually, POS and any definition of attorney or derivation of the word attorney is redundant. One in the same thing.

And that's too bad, time was when attorneys were held in a positive light, but their ambulance chasing activities have denigrated them to the depths of well...

 
WarnerConstCo. said:
Half way moved in and the owner sends me an email that he has changed his mind and doesn't want to lease the building anymore.
Darcy,
It sounds to me like he smells money, and is just jacking you around for more of the same (a renegotiating of the contract possibly). Maybe a few Benjamin Franklins in a white envelope will help clear up his thought process. It's not something I would do, but you have so much invested in this building already, it may be the best of all evils...and you'll have the last laugh.
 
Darcy,
That is a bummer.  It is too bad that the days of a handshake are long gone. And now, it is getting to the point a contract can just be torn up!?
[censored]
Tinker
 
Ya know Darcy that really does suck. Im betting he's got a offer from someone whose will to pay more money.

I thought you would of had the contract signed done and dusted as the Brits say before even thinking about moving in.

Did ya put any earnst money down as a deposit?

I don't want to be  a jail house lawyer.. but it sounds strange. It definitely sucks , but sounds strange.
 
POS lawyer, eh?  Saddens me when the supposed professional is the one playing fast and loose with the law. 

My suggestion is to find another lawyer in town who already has a beef with the POS and see what they think about your lease.  Even so, winning winds up being losing in this sort of situation.  If you win and get to stay, when the lease is up, I'd expect it to not be renewed.  The best outcome I would expect would be the return of your rent money as well as what you've spent so far on upgrades and moving expenses as well as the legal expenses. 
 
I hope that you have the right to remove lease hold improvements whereas you have already installed lighting, etc.  Bad situation for sure.

Peter
 
Peter Halle said:
I hope that you have the right to remove lease hold improvements whereas you have already installed lighting, etc.  Bad situation for sure.

Peter

That doesn't always work.  I found out the hard way many moons ago when I was in the mason biz. I thrived on small jobs, having usually only one helper.  Sometimes (actually:often) I would get a load of blocks delved to the job I was on.  It usually was not a full load, so if I had another job near by, i would have the blocks for that job delivered with the same load.  Before the blocks were unloaded by forks and boom, we used to have them delivered by flat bed dumper.  They just tipped the body up and slid the load off.  To keep the load from getting away and breaking all the blocks, there was a slig that held the sliding load together.  I just had the entire load dumped and in the evening, after work, I would load the blocks for the next job onto my own truck and haul to the planned for destination.

One afternoon, as i was driving away with that secondary load, I was stopped by the owner at the first job.  He did not want me hauling those blocks away from his job.  I argued that those were extra blocks that i had ordered for another job.  We got into a big argument and i ended up dumping the load.  I called a lawyer friend (actually, a local judge who I had known for many years/ since i was in high school) He told me that even tho I had given a contract price, any materials that were delivered and unloaded onto the property became the property of the owner. I ended up taking the loss; but from then on, I was very careful about who I chanced/trusted ordering extra blocks or any other materials for more than one job.
Tinker
 
Tinker said:
Peter Halle said:
I hope that you have the right to remove lease hold improvements whereas you have already installed lighting, etc.  Bad situation for sure.

Peter

That doesn't always work.  I found out the hard way many moons ago when I was in the mason biz. I thrived on small jobs, having usually only one helper.  Sometimes (actually:often) I would get a load of blocks delved to the job I was on.  It usually was not a full load, so if I had another job near by, i would have the blocks for that job delivered with the same load.  Before the blocks were unloaded by forks and boom, we used to have them delivered by flat bed dumper.  They just tipped the body up and slid the load off.  To keep the load from getting away and breaking all the blocks, there was a slig that held the sliding load together.  I just had the entire load dumped and in the evening, after work, I would load the blocks for the next job onto my own truck and haul to the planned for destination.

One afternoon, as i was driving away with that secondary load, I was stopped by the owner at the first job.  He did not want me hauling those blocks away from his job.  I argued that those were extra blocks that i had ordered for another job.  We got into a big argument and i ended up dumping the load.  I called a lawyer friend (actually, a local judge who I had known for many years/ since i was in high school) He told me that even tho I had given a contract price, any materials that were delivered and unloaded onto the property became the property of the owner. I ended up taking the loss; but from then on, I was very careful about who I chanced/trusted ordering extra blocks or any other materials for more than one job.
Tinker

I know a friend who was stung by the exact same scenario!

To add insult to injury, he made and fitted a beautiful kitchen for the client; For whatever reason, things went sour and the client flat out refused to pay him.

Being pretty miffed as you can imagine, he removed the kitchen he had fitted and took it back to his workshop.. by the time he got home from work he was met by two policewomen, who took him down the station where he was held for criminal damage!

Seeing as you have a friend in the legal business, I would definately take the advice he gives you before getting revenge  [censored]

~WW
 
If there is a chance that some of the losses can be retrieved, it is better to just turn the whole thing over to a lawyer.  For me, it was fun to just sit back and follow proceedings as if i were unrelated to the problem.

My neighbor was living in a house with only about two feet of crawl space with only a dirt floor.  He wanted a walk in cellar and asked if I could do the excavation for him.  I had a small skid-stead with a small backhoe mounted.  I did the digging and he wanted to do the poured foundation.  I agreed to purchase the concrete (he was to pay for the material).  I suggested that he should call me before ordering the concrete so i could be sure his form work was ok.  He called and i took one look.  The whole thing would have collapsed with the first shot of concrete down the chute.  I went to work and reinforced the entire form work.  I told him I would fix the forms and pour the concrete as a good neighbor, but he owed me for the digging, grading and doing the block work to close in the opening and all materials involved.

When finished and the job closed in, he refused to pay me anything.  I was a tad upset and let him know.  My wife even more angry, so i sort of downplayed my own grievance and told her I would eventually get even with the guy.  But i was boiling inside.  a couple of nites later, i was awakened to my wife's yelling at me. I must have been dreaming as i had given her a hard kick in the butt. We both went back to sleep, but on my part, i was even more aggravated.  Two nites later, i was again awakened by my wife's rather loud complaint.  I wouldn't say she was screening, but she was using language in a way i was not used to hearing from her.  I must have been dreaming again, because I had the visual proof in front of my in the form of teeth marks in her shoulder. I had evidently bitten quite hard.  I decide right then to call a lawyer before I did more damage to my poor wife. (today, she laughs about it)

As soon as I got an appointment with the lawyer, I became relaxed.  In court, I was almost laughing as the neighbor told one lie after another.  I don't think the judge believed any of what he was being told by my neighbor.  We were sitting at a table in front of the judge and I was right between the two lawyers.  After an hour or so of debate, my lawyer tore into the neighbor with a series of rapid-fire questions.  The neighbor was becoming very flustered and trying to insist I was doing the job for nothing.  I don't recall the question; but it was something about (very sarcastically) did he expect me to do the whole job for nothing.

My neighbor, by then was beside himself with confusion and he blurted out "No body does anything for nothing any more."  His lawyer buried his head on the table with a long groan.  The judge just about jumped out of his chair.  My lawyer had a problem keeping a straight face.  The judge said the case was closed. 

There is a whole lot more to this story, but won't go further for now.  The post script is:
A few year later, I got a phone call from somebody I did not recognize.  He told me I sounded as if i did not know him. I agreed that was the case.  He went on that a few years back, I had taken a neighbor to court over an unpaid bill.  It seems that he was my neighbor's lawyer.  My heart sank.  Was he going to try to get hie money back or was he going to sue me for something else?  No.  the man wanted me to do a set of stone steps for him. Whew!!!

When i was looking over the job, I told him I was a little puzzled.  He had spent two hours trying to prove in court that I was a total idiot, a cheat and various other uncomplimentary observations.  His reply, "Obviously, we lawyers don't always believe what we are trying to prove."

I ended up doing the steps and a year or so later, I ended up taking care of his landscaping and snow plowing.  The other funny thing about the situation, i also ended up doing masonry and landscaping for my own lawyer at about the same time. 

So, after nearly destroying my poor wife's faith in me, i ended up having fun (yes, I really did have fun) in court. I got my money. I made friends with both lawyers, neither of whom i had ever known before my court case and ended up doing work with my closing down masonry biz as well as a few years work in my landscaping biz for both of them.  How much better could it be? ::) [wink]
Tinker

PS: neighbor moved out, never to be seen or heard of again. ;D
 
Great story Tinker...I especially like the bite marks in the shoulder...you're lucky you're still alive.  [eek]
 
Cheese said:
Great story Tinker...I especially like the bite marks in the shoulder...you're lucky you're still alive.  [eek]

She has a good sense of humor. 

Altho she did get a book about large barbecuing and did take an interest in buying a large rotary spit for turning a roasted hog.  She wanted me to build a rather large fire pit. [scared]
Tinker
 
WarnerConstCo. said:
Just another reason that I don't like 90% of the people I meet.

I just don't like people in general.

Com'on Darcey.  I don't really believe that. 
 
From the experiences I heard about from friends in trades, I would not do business with anyone in a legal profession. Too many stories of getting screwed.

I'm honestly surprised that more of them don't meet "untimely ends" [scratch chin]

I've never seen a course of study that professes to teach greed and selfishness, where do people learn it so well? [eek]
 
WarnerConstCo. said:
Tinker said:
WarnerConstCo. said:
Just another reason that I don't like 90% of the people I meet.

I just don't like people in general.

Com'on Darcey.  I don't really believe that.

It's more like 95%  I was trying to be nice.

From the size of your toys, I know you think big
 
Can't come up with anything.

If I can't find something close to home by the end of the year I will be refunding some customers and will be forced to liquidate my machinery by auction and will have to start doing something else.

May have to find someplace else to live as well, this has caused some some serious issues.
 
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