Contractor during Hurricane emergency work

Dispdiva

New Member
Jurisdiction
Louisiana
We were hired by a past client to do emergency tree work after Hurricane Ida. All of our cranes and bobcats were being used so we hired a friend from out of state who had a crane and was down doing work. I hired him on prn basis. Some jobs had several parts and he may not do all parts. So, We did one job then started another. The past client and I had an agreed price out of pocket not using their insurance. They were going to file for reimbursement. We did first part of that job, the friend I subcontracted left that job after part 1 completed to do another job he had secured while we were working at the 1st job which he lied about saying he wasn't doing that job when the ppl contacted me about eta to their job, which until then I had only known they stopped and inquired but he said no $ there we wouldn't entertain it. So, one of my cranes became available and since phone service was touch and go; I sent one of my crews to the site we had left after part 1 was done and they set up day to do part 2 3 days later. Next day the subcontracted guy goes by homeowners house as he's doing more work down the street and when he finds out my reg crew was going to do the job, he told the homeowners there was a change and it would be done the next day. They were told we were partners and no biggie, they would do billing and pay us. That was a lie. We were to get cash for the job. This guy bills their ins and lied on part 2 of job, misrepresented multiple things and I have photo evidence of this. I contacted the homeowner who very confused told me to speak to him he was doing billing etc. Upon contacting him; He assured me i would be paid. I told him i would bill part 1. He told me we would go over everything then submit. No word from him then he says the claim was sent in. Then he said it was flagged. It's been 4 months. I've heard nothing. Idk their ins info bc I never was filing that way. He hasn't contacted me , I've not made $1 to date. I read somewhere a while ago that there is a statute where homeowner cant cancel contract and hire subcontractor without proper notification and that would be for part 2 of job, part 1 he fraudulently filed w ins company and so they def owe me for that job. Not to count i have major proof of The filing of part 2 being major fraud w charges and work not performed. I need this info so I can send demand letter asap, I can't recall where I read this and stupidly didn't save or bookmark the info. Help pls and Thanks
 
I read somewhere a while ago that there is a statute where homeowner cant cancel contract and hire subcontractor without proper notification and that would be for part 2 of job

Sorry, that's not going to help you even if you find the statute. You hired the guy to perform work that the homeowner hired you for. The minute he stepped on to the property he was your agent and you became responsible for everything that happened.

The homeowner didn't "cancel" anything. The homeowner had good reason to believe that the subcontractor was working for you because you sent him there in the first place.

If the work was completed and the insurance company paid the claim, the homeowner is out of the picture even if the insurance company paid your subcontractor.

If the work wasn't completed but all the money was paid you get to finish the work without getting any more money. Neither the homeowner nor the insurance company owes you anything more.

Again, the homeowners deal was with you. You sent the subcontractor. You're responsible for the hole mess.

Sorry, but that's how the law works. You're just going to have to eat this one.

You can, of course sue your "friend" for breach of contract and see if you can get money out of him. Good luck with that. With a "friend" like that you don't need enemies.
 
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