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Is this enough evidence???

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dawell0

Junior Member
What is the name of your state?What is the name of your state? OH
We told a contractor to STOP the work and get off the job on Nov 5 via email. He responded that all work would stop on Nov 6. We have copies of the emails saved, on paper and electronically. Our lawyer confirmed that work was to be suspended completely, via a letter on Dec 8. They filed a lien against us on Feb 24, which in this state must be filed within 90 days maximum after the work was done. That is within the time frame for the Dec 8 letter, but outside of the time frame if he followed our instructions on Nov 6. IN REALITY, NO WORK was done after the last week of October, but we really cannot prove/disprove this other than by our word and looking at the job site. Is a copy of our email (and the 'electronic form' saved on yahoo mail) enough evidence that work was suspended and that this was outside of his time frame to file the lien? (I cannot get in touch with my lawyer for the next few days and wanted to know if we can challenge this). They listed that the work was done up until Dec 27 on the affidavit for mechanic's lien, but that was definitely after our lawyer's letter. THANKS FOR THE INFO.
 


S

seniorjudge

Guest
dawell0 said:
What is the name of your state?What is the name of your state? OH
We told a contractor to STOP the work and get off the job on Nov 5 via email. He responded that all work would stop on Nov 6. We have copies of the emails saved, on paper and electronically. Our lawyer confirmed that work was to be suspended completely, via a letter on Dec 8. They filed a lien against us on Feb 24, which in this state must be filed within 90 days maximum after the work was done. That is within the time frame for the Dec 8 letter, but outside of the time frame if he followed our instructions on Nov 6. IN REALITY, NO WORK was done after the last week of October, but we really cannot prove/disprove this other than by our word and looking at the job site. Is a copy of our email (and the 'electronic form' saved on yahoo mail) enough evidence that work was suspended and that this was outside of his time frame to file the lien? (I cannot get in touch with my lawyer for the next few days and wanted to know if we can challenge this). They listed that the work was done up until Dec 27 on the affidavit for mechanic's lien, but that was definitely after our lawyer's letter. THANKS FOR THE INFO.

E-mails are generally very unreliable since they can be so easily forged.

I'd suggest you be working on some other kind of evidence to prove when the work stopped.
 

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