Dispute With A Contractor

Q: I recently had a fire and picked a contractor that I had used before. My insurance company agreed with him on a price and the details of the work to be done. We side an agreement with the contractor to do the work, not realizing he had omitted the two of the items from the insurance company itemized list. We had asked him on three separate occasions, how did he want to handle the missing items and each time he had a different answer. At the end of the work, we again asked him about the how he wanted to handle the unfinished work. He stated that the agreemnet we signed with him is different from the agreement with the insurance company, so therefore he was not responsible for the work.Do I have a small claim case here, the amount is $1,500?

A: Yes, if the amount is $1,500 then it can (and probably should) be handled in small claims court. Find the Justice Court that is nearest you, and go in. They will give you the forms you need to get started. Good luck!

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

Has ADT Breached their Contract With Me?

I am under a 3 yr contract with ADT. The payment amount is stated on the contract and after one year, they have raised my bill. They did not write me and tell me they were increasing it, they just sent me the bill for a higher amount. According to the contract they are allowed to raise my bill after one year (under the Terms and Conditions, under the section ‘Increase in Charges’. If I disagree to the increase, I must respond in writing and only if ADT does not agree to waive the increase can I cancel the contract without penalty. Is the contract still valid with their claim they have the right to raise my bill over what was originally agreed? What is the point of a contract if one party is allowed to change it and the other party can’t change anything?

A: Typically a contract will be enforced according to its terms. In this case, most likely the contract can be increased within reasonable limits. I believe most contract attorneys would agree that it sounds as though you have a right to contest the increase and terminate the contract, so it is unlikely the contract would be held to be unenforceable. It’s also unlikely that ADT would be held in breach. However, for a contract attorney to give you a final opinion on that, he or she would need to see the contract and know all the facts.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

Can I walk away from my loan in Arizona without being chased down to pay back later?

I have had it with my loan. The bank won’t help me, even thou my house payment exceeds 31% of what my income is. I am thinking about stopping payments on the house loan due to the fact that I just keep cutting closer and closer to not being able to make the payments anymore. What is the worst they can do to me?

A: Most of the time in Arizona, if the loan at issue was taken out to purchase your residence, the bank will NOT be able to come after you if you default on the loan. However, the rules on this are complicated. You will want to consult with an Arizona attorney on this before you make a final decision. Our law firm handles this sort of matter.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

Should I appeal again?

I was working for a temp agency for 3 years with the same assignment and my assignment ended the employer told me that they wouldnt have any work for me due to my school schedule and that the company was downsizing. They denied my unemployment so I appealed since then the judge ruled that I left work voluntarily without good cause….should I appeal again?

A: I agree that your factual situation is such that you should address it with an Arizona litigation attorney before deciding how to proceed. Some attorneys, such as our firm, will meet with you for an hour or so to give advice about how to present your unemployment claim. That will put you on the right track, so that you know what the administrative law judge is likely to be looking for at the unemployment hearing or appeal level. Hiring an attorney to represent you is probably just not economical given the type of matter, the relatively simple legal issues that you could present once they are explained to you, and the fact that you’re probably conserving financial resources while you look for work.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.