Business Law
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Defendant Rule 56 Motion For Summary Judgment (with Attached Brief)
Motion for Summary Judgement in Breach of Contract and Mechanics Lien case. Lawsuit filed by Contractor for payment for service performed and lien case.
Brief in Support of Defendant Motion to Dismiss & Motion for More Definite Statement
Motion to dismiss in a lien case and breach of contract case that was filed by contractor to get paid for alleged work performed.
Findings of Fact & Conclusion of Law in a Contract Dispute & Excessive Mechanics Lien
A 14 page finding of facts and conclusion of law. Contractor sued owner for money owed to them for work performed, Owner counter sued for breach of contract and excessive in lien in Colorado.
Motion to Avoid Judicial Lien
THE DEBTOR, by and through counsel Martinez, Law Firm, LLC, moves this court to avoid judicial lien by stating as follows:
1. Debtor commenced this case on October 19, 2011 by filing a voluntary petition for relief under Chapter 7 of Title 11 of the United States Code.
2. The debtor owns real property occupied as his home located at 5943 S. Tempe Way, Aurora, CO 80015, Arapahoe County Colorado. The debtor believes that the value of the homestead is $224,000 as stated in his schedules.
3. Pursuant to 28 USC 1334, this court has jurisdiction over this motion filed under 11 USC 522(f) to avoid and cancel three judicial liens, to wit:
Independent Contractors Agreement
Contract for Independent Contractor work
An Independent Contractor Agreement is a written contract between two parties for a specific service or project. One person or company is hiring another to help on a short term task. Unlike an employment agreement, this document clearly spells out why the party being hired is not an employee for legal and tax purposes.
Three Common Construction Contracts
– FIXED PRICE. Fixed price construction contracts, also commonly referred to as “lump sum” or “stipulated sum” contracts, are the most common types of construction contracts. …
– COST PLUS. …
– GUARANTEED MAXIMUM PRICE.
In some cases, A general contractor is also the builder on your project and will use his own team and subcontractors for both construction and the mechanical work. … In metropolitan areas, this work is more commonly divided out between a general contractor who oversees the whole project and keeps a builder on task.
Breach of Contract/ Breach of Warranty and Implied Warranty
I used this complaint in a successful lawsuit against a contractor that did not perform his duty as hired. Work was not done in a professional manner, filed this complaint and won a jury trial.
Brief on Motion for Summary Judgment on Breach of Contract/excessive lien
Great brief on a breach of construction contract claim and lien, where my client was claiming the lien filed was excessive
Answer to Mechanics Lien with Affirmative Defenses
Answer that was filed in a multi million dollar lawsuit where the claims where breach of contract and Equitable relief and Lien Foreclosure
Civil Lawsuit for Contractor Who Performed Work But Never Got Paid
A civil lawsuit filed by a contractor who performed work but never got paid. Included in the complaint is breach of contract and promissory estoppel type claims.