My question involves independent contractors in the state of: INDIANA
BACKGROUND:
MARCH -> Investment Group hires me (1 man company [LLC]) to flip a house 4+ Hrs away from home location/work area.
-No contract is signed by either party. Verbal agreement is made to send estimates that IG okays before work or down-payment is commenced. All payments for project go through me.
- I hire 2 subs as labor help and start work.
-> I hire a 3rd sub contractor to supervise first 2 and replace me as a worker as well. I leave job site to start on a bigger contract that was already set before work was started on flip house. IG is ok with this.
---> 3rd contractor disappears for 2 weeks and stalls project. I find out about this 2 weeks too late. First 2 subs can verify him hardly ever showing up on site. Entire time he is telling me everything is okay when I call to check in and keeps cashing his checks.
---IG kicks us off job site and hires new contractor to finish job due to stalling out of project.
May-June ->
- IG wants money re-paid from 3rd Sub, as well as small amount I was paid.
-> I re-pay IG small amount that they feel I owe, 3rd sub promises to make arrangements soon to repay his.
Aug-Sept--->
- IG contacts me again about non=payment. Contact 3rd sub and he promises to repay starting next month.
Dec---->
IG contacts me again about non-payment.
-> IG threatens to sue me if not repaid. Doesnt care who got paid from my company, wants repaid from me since check came to me.
--> Surprise, 3rd sub is no longer communicating. IG is ready and wanting to sue. Amount owed is too large for me to pay or set up payments for.
Other INFO:
I have text messages and emails showing clearly that 3rd sub admitted responsibility for what happened.
He also stated his intentions to repay the money via these same mediums.
I have check images from bank that show he was paid from my company the amount requested repaid.
QUESTION:
If i am sued by IG can I sue 3rd sub without a contract for abandonment? Or since abandonment isn't defined as provided by a contract, can I sue for non-performance or just flat out theft?
Thank you in advance and hope all who read this have a happy new year!
BACKGROUND:
MARCH -> Investment Group hires me (1 man company [LLC]) to flip a house 4+ Hrs away from home location/work area.
-No contract is signed by either party. Verbal agreement is made to send estimates that IG okays before work or down-payment is commenced. All payments for project go through me.
- I hire 2 subs as labor help and start work.
-> I hire a 3rd sub contractor to supervise first 2 and replace me as a worker as well. I leave job site to start on a bigger contract that was already set before work was started on flip house. IG is ok with this.
---> 3rd contractor disappears for 2 weeks and stalls project. I find out about this 2 weeks too late. First 2 subs can verify him hardly ever showing up on site. Entire time he is telling me everything is okay when I call to check in and keeps cashing his checks.
---IG kicks us off job site and hires new contractor to finish job due to stalling out of project.
May-June ->
- IG wants money re-paid from 3rd Sub, as well as small amount I was paid.
-> I re-pay IG small amount that they feel I owe, 3rd sub promises to make arrangements soon to repay his.
Aug-Sept--->
- IG contacts me again about non=payment. Contact 3rd sub and he promises to repay starting next month.
Dec---->
IG contacts me again about non-payment.
-> IG threatens to sue me if not repaid. Doesnt care who got paid from my company, wants repaid from me since check came to me.
--> Surprise, 3rd sub is no longer communicating. IG is ready and wanting to sue. Amount owed is too large for me to pay or set up payments for.
Other INFO:
I have text messages and emails showing clearly that 3rd sub admitted responsibility for what happened.
He also stated his intentions to repay the money via these same mediums.
I have check images from bank that show he was paid from my company the amount requested repaid.
QUESTION:
If i am sued by IG can I sue 3rd sub without a contract for abandonment? Or since abandonment isn't defined as provided by a contract, can I sue for non-performance or just flat out theft?
Thank you in advance and hope all who read this have a happy new year!
Contracts and Agreements: Indiana Law- How to Sue a Sub-Contractor for Abandonment Without a Contract
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