who pays the lawyer?

[motherof]

What is the name of your state? Louisiana
I am a General Contractor. I would like to know if my General Libility Ins. is responsible for paying a lawyer to represent me if a homeowner should file suit against me ?

[Betty]

Originally Posted by motherof

What is the name of your state? Louisiana
I am a General Contractor. I would like to know if my General Libility Ins. is responsible for paying a lawyer to represent me if a homeowner should file suit against me ?

Under a contractor general liability ins. pol. the insurer is obligated to pay legal costs of a covered liability claim or lawsuit. You would need to check your pol. or with your agt. for the liability claims covered under your contract (policy). Usually covered are claims re bodily injury, property damage, personal injury & advertising injury (damage from slander or false advertising).

[motherof]

thank you Betty. I guess this would be considered property damage, if one had to apply. This has been around five years ago now that the house was built. but this homeowner will have his lawyer send some sort of message that it is not settled,to keep it on going. It was a matter of a punch-out list. every time I completed a list an thought I would get the balance of what the homeowner owed me, he would make another list. this happened several times, each time I had to pay hourly wages to have men doing things like sanding shoe mold that "still felt a little rough", or " a small crack still seen", between shoe mold & tile. it was maddness to say the least. I finally told him I wasn't comming back to do anything until I got the money he owed me. ( it was already eaten up by the hourly workers.) Thats where I left him, & waited for what he owed me. ALMOST a year later I receive a letter from his lawyer saying the homeowner has made a complaint saying " I ruined his dream home." he has not made an effort to pay me, nor has he told me what he expects in the "complaint", but I have had to pay a lawyer for time spent trying to react to his actions. now he has contacted me again saying he wants mediation to take place.(more lawyer fees) I don't know how to get rid of him or please him. I'm lost, as to what to, or where & when this will end . HELP !!!

[Betty]

Originally Posted by motherof

thank you Betty. I guess this would be considered property damage, if one had to apply. This has been around five years ago now that the house was built. but this homeowner will have his lawyer send some sort of message that it is not settled,to keep it on going. It was a matter of a punch-out list. every time I completed a list an thought I would get the balance of what the homeowner owed me, he would make another list. this happened several times, each time I had to pay hourly wages to have men doing things like sanding shoe mold that "still felt a little rough", or " a small crack still seen", between shoe mold & tile. it was maddness to say the least. I finally told him I wasn't comming back to do anything until I got the money he owed me. ( it was already eaten up by the hourly workers.) Thats where I left him, & waited for what he owed me. ALMOST a year later I receive a letter from his lawyer saying the homeowner has made a complaint saying " I ruined his dream home." he has not made an effort to pay me, nor has he told me what he expects in the "complaint", but I have had to pay a lawyer for time spent trying to react to his actions. now he has contacted me again saying he wants mediation to take place.(more lawyer fees) I don't know how to get rid of him or please him. I'm lost, as to what to, or where & when this will end . HELP !!!

During mediation you each have an opportunity to explain your sides of the problem & you should try to listen to one another with open minds. A trained mediator (sometimes a lawyer) acts as a neutral party trying to help everyone keep calm & focused on the issue. The mediator doesn't resolve the problem or decide who is right or wrong - that is your job & the other participant. If you're able to resolve the problem, best to get an agreement in writing & signed by parties involved. Mediation is quicker than going to court. If mediation is not successful, usually attorneys are hired by the participants to decide on further action.