Should I ask my contractor why they got debarred from being a lawyer
RYMEETranslations Qiu
3 years ago
last modified: 3 years ago
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Why does contractor ask check by made payable in his name?
Comments (35)@Patrick Keohane - I have years of posting here to back up my claims and so the people on this forum can decide for themselves. Your example simply shows why you should not be commenting on this thread. My father owned a plumbing company with someone else's name on it. He first joined as a minority partner and later became the managing partner, the person whose name was on the company eventually left altogether. So let's use your example, as I am sure you are aware, LLC's are a durable business entity. Therefore, using your example, Billy's Bob can admit new members to the LLC at will. So Suppose Billy Bob has a cash shortage and offers his brother-in-law Willy Rob a 20% share of Billy Bob's Badass Remodeling, LLC. He is no longer a single member LLC but because it is a durable business entity, he typically doesn't have to file anything new (we might want to note that LLC's are State entities and not Federal so each state may have different rules but I am not aware of any State requiring a refiling when admitting a new member, so it doesn't matter what he writes under it). So now, Billy Bob isn't the sole owner of Billy Bob's Badass Remodelling, LLC. Now suppose Nancy signs a contract with Billy Bob's Badass Remodelling, LLC. to remodel her home, but she makes out checks to Billy Bob rather than the LLC. Willy Rob finds out about this and is upset because Billy Bob has not been giving him his share and goes to see his uncle who is an attorney. The uncle, realizing that Billy Bob is judgment proof, sues Nancy instead for breach of contract for not paying the company as she agreed to in the contract. Nancy is clearly in breach of contract and will have to pay, she, of course, can turn around and sue Billy Bob for his theft but we already noted Billy Bob is judgment proof. I can assure you that I am correct but you are likely not going to see that because you seem to believe that your relatively myopic experience with your two businesses gives you a complete picture. The reality is that you are not an expert on small businesses, you are an expert on your small business... and that in no way qualifies you to comment on business law. I believe you are making the point that if an employee/owner can accept cash, then that same employee/owner could accept a check that he converts to cash. While that seems perfectly logical it is not correct, checks are assignable financial instruments and cash is not. It really has to do with due care... a business is negligent in their duty if they let anyone accept cash, you are negligent in your duty if you assign a check to someone who is not authorized in the contract. ETA: I am not going to respond further to this thread. It was dead and buried before the resurrection and there is no reason to bring it back from the dead for this rant. I have thoroughly explained one of the reasons that you want to write checks to the contracted entity and that alone is enough to overcome your assertion. Meanwhile the only retort is ad hominem attacks. You have offered no rebuttal to any of my points just pretended that attacking my credibility is sufficient to ignore those points. My argument doesn't rely on credentials to be correct. So feel free to explain why I am wrong if you can....See MoreWhat do I ask of the contractor who did a poor job on my oak floor?
Comments (9)That's a good point Unique Wood Floors. I will write them an email to follow up and send them the photos I have. We had the owner out yesterday and he agreed that, while some imperfections are to be expected, this is beyond what he would consider acceptable. He said that the waves are caused by the hand-sander (which was the newbie guy). It breaks my heart because I know every craftsman has to start somewhere...I just don't want it to be on my $4000 job! He was very polite and told us to go ahead and move back into the house; that his crew will move everything out and back in when they come to redo. I did not think to ask if he would send the same or a different crew. I will have to come back in two weeks and post pictures of the redo. Thanks again guys!...See MoreShould I have my contractor do low voltage prewire or pay more?
Comments (25)A couple of things to consider.... Where does all this communication wire terminate? You will need a centralized connection center that you can patch lines in for use or remove when not in use. Especially coax and to a lesser degree data cables. Coax runs that are unused just degrade and create noise in your signal to the devices you do use. Its great to have coax to every possible location you may want to use it, unless you're going to design it that its all connected together with no access to change the termination and connections. Bring that wire into a central location, in a star pattern with the option to connect and disconnect the runs that are not in use, it is worth it. Give consideration to WiFi coverage, homes are never setup to install a wifi router in a central location for the best coverage, and most people have horrible wifi coverage in their homes due to the limited locations they can install a wifi wire to connect it with the data and coax connections needed for it and the cable modem. Imagine if the kitchen is in the center, there being a coax, several CAT connections and a 120VAC outlet above a kitchen cabinet to install all that for the best wifi coverage and its up out of the way. Another factor, would every consider installing satellite TV service in the future, or have it as a selling point for future owner of the home? If so, now is the time to setup your coax network for a Satellite install if you elect to do it. If you install the correct wire in the correct way, satellite installers will not have to crawl all over you home destroying it with their hack installation of their coax wiring, they simply have to install the antenna, connect it to the cable you have pre-installed and reconfigure the central hook up for the satellite stb's to be installed at your existing coax drops..... Most people are using the quality RG6 for CATV that meets the spec for satellite, its just good measure to assure reliable CATV and cable modem performance. But what they fail to realize is satellite requires one more thing over CATV, it needs to pass power over the coax cable to power the satellite dish. Currently most DIY'er and Contractors and Retailers are using Copper Clad (coated) steel core (central wire) in their RG6 coax cable. The signal mostly travel overs the surface of the wire, so the copper coating offers the same performance at a much lower cost, than a solid copper core. The solid copper core does offer the tiniest bit less signal loss, but its so little it will never make a difference, so it doesn't justify the higher cost of a solid copper core. EXCEPT, if you using it for Satellite that almost all use power passing over the coax cable to power the satellite dish.... ....electrical power is transmitted through the entire wire not just the surface like the rf signal, and copper is lower resistance than steel, so a copper clad steel core will have a much bigger voltage drop at the end of the coax cable to the Satellite dish and it will perform poorly. So if you want to build in the option for possible satellite, make sure that all the coax is satellite rated (3GHZ swept) and the coax runs to the satellite dish and to the main stb in the places you're likely to install it are solid copper core coax for the power passing. Some satellite systems inject the power at the main splitter/switch for system, which the perfect location for that would be at that central location for all the wiring I spoke of earlier.......See MoreWould you pay THIS neighbor money? Why am I being asked to pay?
Comments (42)Nicole, please let us know how it turns out. it is such a strange situationthat i can’t help but wonder if the neighbor is confused and thinks that you also had lots of pine needles to dump and the guy helped you. but even that wouldn’t explain it, would it? They needed a way to get rid of the pine needles. You and DH provided that AND you both drove with him AND you did it twice. You got no benefit out of the day (except for the pleasure of helping a neighbor, and now I’m guessing that that pleasure is greatly diminished). It is simple: you did a favor. THEY should thank YOU. Wacky as all get out. There must be a misunderstanding on your neighbors’ part....See MoreRYMEETranslations Qiu
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