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what is my next move slander or breach of contract

North CarolinaConstruction ContractRecovery Options

I have contracted to remove a barn …the prior owner had it written that she will remove the barn from the property within 11 months of the dates set between the new owner and seller . I signed into contract with the seller to remove the barn for her and keep the material for myself in trade for labor costs. I was on the job a week when the new owners roommate who is a police officer, comes home off duty, talk to me for a minute and writes my license plate numbers down and runs my plate, exposes a mishap I had and throws me off the property. I have not re been convicted of anything and straightened the matter out. meanwhile he exaggerates the circumstances and slanders my name with defamation of character. I went to work the next day , he went and told the owner I am not allowed back on the property he doesn't even own and my client hires someone else and I am holding a contact to do the job and a big loss in wages as well as other clients I put off that already found another contractor and I have fuel labor and hours tied up into this project...….whats my chances of getting a total losss in my projected sales as well as loss wages and work I turned down, and the slander I received??

1 reply

Apr 6, 2020
Lost profits are extremely hard to prove in the construction industry. So, very generally, I'd assume the chances of succeeding on a lost profits claim would be relatively low. With that being said, that doesn't mean recovery isn't possible. If the new owner and the old owner had a contract for the removal of the barn, then the parties must adhere to that contract. And, if the new owner refuses to allow that access, then the old owner could likely bring a claim - like breach of contract - against the new owner. What's more, you may have other claims available. For one, claims could be available against the old owner if you haven't received what you were promised in exchange for your work - such as a breach of contract claim, like you mentioned above. This is true even if there wasn't a cash exchange expected through the deal. Further, if you've improved the property of the new owner but haven't been compensated - then a claim like unjust enrichment could be on the table. Ultimately, though, this is a pretty complicated situation. So, it'd probably be useful to consult with a local North Carolina construction attorney for detailed guidance on how to move forward. Plus, keep in mind that small claims court may be an option for North Carolina disputes under $10,000.
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