Can we sue owner of Inc. company personally for breach of contract? Company has no money.

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New house construction. Contractor has our earnest money plus other money in the house. Refuses to fininsh house, contract spells out completion date clearly. Also, can we place lien on house?

Attorney Answers

3
Robert Murillo ·
Place a lien on the contractor's house? No, you may not. You can certainly try to place him as an individual defendant, but the company would have to be named as the party if it was signed on behalf of the company. Merely placing the individual on the complaint does not mean you have a viable claim against his personal assets. Most likely the limited liability aspect of the entity will avoid this option. Do yourself a considerable favor, and hire an experienced attorney. If not you will certainly make any number of costly mistakes.
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Timothy Broussard ·
Naming an Officer or director of a company individually may have some impact, but your pleadings need to be carefully worded and a propert cause of action against the individual. In California, this may be sanctionable if named purely for harrassment reasons. On a further note, unfinished work with your State Contractor's license board may have better enforcement provisions.
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Peter Lamont ·
Assuming that the contractor is protected by corporate entity status such as an LLC or INC, you will need to pierce the corporate veil in order to have a claim against him personally. I would speak to an attorney asap.
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