Mr. Fasic has practiced employment and construction law for over 20 years. His practice is primarily management-based, and includes discrimination claims, wage and hour issues, Davis Bacon/Prevailing Wage claims, employment agreements (including restrictive covenant issues and severance agreements), hiring and firing guidance, unemployment claims, and legislative affairs. He appears frequently before various administrative boards and agencies, as well as private dispute resolution forums. He has experience practicing before all of Delaware’s state and federal trial and appellate courts and has experience with trial and appellate matters in the state and federal courts of New Jersey and Pennsylvania. Mr. Fasic is certified by the Delaware Superior Court as bothMore...More...
The clerk is correct. Outside of the JP Courts an artificial entity, including an LLC, must be represented by a Delaware licensed attorney to file in court. And a mechanics’ lien claim must be filed in the Superior Court. The statute does have a process for filing a mechanics’ lien claim in the JP Court, but I have never seen that attempted nor have I ever tried to file one in the JP Court.See More...
If an interest clause is not in the contract or any attached terms and conditions then generally no, you cannot be required to pay interest unless a court orders you to do so. If the contractor takes you to court he can secure an award of post-judgment interest at the then-prevailing legal rate. See More...
A mechanics’ lien has to be filed in the Superior Court, and an artificial entity (a corporation, LLC, etc.) must have an attorney to file in that court. For the amount you’re seeking I suggest the JP Court. You do not need an attorney there though you do have to file a form and pay a fee to represent your business. If you are not operating as a business I suppose you could file in Superior Court on your own, but there are a number of detailed requirements to See More...See More...
In this instance a mechanics’ lien could be more expensive to file than the balance you’re seeking (which is not identified in your email). If the amount is under $25,000 I would suggest JP Court, which does not require you to have an attorney (there are requirements to designate someone from the company to represent it in court and a fee for doing so).See More...
You should speak with an attorney familiar with construction disputes. They might be able to assist in convincing the contractor to finish the work to your satisfaction. And, they can assist if the contractor files suit. One word of caution, these disputes can become very expensive very quickly, in terms of legal fees and expenses. You may want to contact the Attorney General’s Consumer Fraud Division as I believe they are setting up a mediation programSee More...See More...