Brooksville, ME asked in Construction Law and Consumer Law for New Hampshire

Q: I was building a house as a sub contractor and left tools behind can the home owner claim them as abandoned?

There was no contract and multiple discrepancies between home owner and contractor. After the contractor (my boss) felt he fulfilled his part of this job he told me to get paid from the home owner if I wanted to keep working on this house. The home owner didn't want to pay me my rate so I didn't go back. He is now saying that I owe him money (he paid me while the contractor was out of town expecting me to pay him back once my boss came back but my boss refused and said the work I did was not part of his deal so the home owner needs to pay it which he already did but under the thought process that it was a few day loan not payment) so he is going to keep my tools and I am not to come back on his property or he will hold me at gun point until the cops arrive. I never left my tools as collateral and feel payment and property are two separate issues so I need to know my rights in retrieving my property and how long before it becomes abandoned since i'm not allowed on his property.

1 Lawyer Answer
Joseph Kelly Levasseur
Joseph Kelly Levasseur
  • Manchester, NH
  • Licensed in New Hampshire

A: Since he made the threat of holding a gun on you, you should file a complaint with the police department and have them go with you to get your property back. If the property owner feels you owe him money he can't resolve the issue by keeping your tools and threatening you, that is why we have a court system, to resolve civil issues. Good Luck!

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