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Pennsylvania Contracts Questions & Answers
1 Answer | Asked in Contracts for Pennsylvania on
Q: Government has force no gatherings due to Covid19. I paid for a caterer at my wedding that is now canceled this month.

Can I get a refund of the non refundable deposit since this is force of nature. The contract states I have to pay 60% if it is canceled within 30 days. The wedding was planned for in two weeks but has been cancelled by the governments shutdown. The contract says nothing about a force majeure.

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

argue for the refund. You can always take them to small claims. Or if the whole thing was cancelled see if they will give you the deal then.

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... View More

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a... View More

1 Answer | Asked in Contracts and Consumer Law for Pennsylvania on
Q: How should I go about retrieving money from a contractor who is ignoring calls and not finishing a job?

I went with a contractor who started work but moved slow. Kept giving us days and times that he would he back to finish but wouldn't show up. Missed the times. This went on for about a week. Now hes not returning any calls or messages and the job still is less than half finished.

Nancy L Lanard
Nancy L Lanard
answered on Feb 23, 2020

PA has a Consumer Home Improvement Contractor's Act that helps to protect you. You can file a complaint with the Attorney General's office regarding this particular contractor. I would suggest starting with a letter to the contractor indicating that you were prepared to file a complaint... View More

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If a company purchases an existing contract with a consumer, obligated to honor the contract?

Mom was living in Lancaster county, Pa when she purchased a Cremation Services package for 1300.00 in 1993. Mom now lives with me in Blair County, PA. I called the number on her card and apparently the old company sold the contract and the new company states that there was only $241.00 in the... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

I think it would be read as being limited to the county though you can make the argument they should take care of it. Otherwise people who moved could say "pick up my decedent in Florida."

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I am a renter. I have had no heat for 6 DAYS. Do I have the right to a rent reduction?

I pay the electric. I provided the space heaters. the heater is more than 20 years old.

Elizabeth Tarasi
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answered on Dec 20, 2019

Read you lease. Let your landlord know that you have no heat. Ask you landlord to provide accommodations with heat at his cost.

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: Is Statue of Limitations extended if contractor promises to address issues and concerns and never does? Worknotcod

No comments.

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2019

No, not automatically as a general matter. But parties can extend the statute of limitations through a written agreement if they are both willing to do so. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Contracts for Pennsylvania on
Q: Breach of verbal contract from 10/18

Investment to buy vehicle and flip for sale within a couple months. As of 12/19, vehicle still not up for sale and repairs completed. Contract via phone, one party in Blairsville, PA the other in Pgh, PA. Need advice on which county for filing.

Elizabeth Tarasi
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answered on Dec 1, 2019

File where the r transaction occurred. Sounds like either place.

1 Answer | Asked in Civil Litigation and Contracts for Pennsylvania on
Q: My contractor was a no show in small claims even after a countersuit. I was awarded $9k...what should I expect now?

I paid half of a $21k contract. The contractor did subpar work and did not finish. Curious if he will just appeal the ruling?

Elizabeth Tarasi
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answered on Nov 18, 2019

The contractor has 30 days to appeal from the judgment. He may not appeal and he may not pay the judgment. You can try to execute on the judgment. If he has no money or assets the judgment will be hard to collect.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I'm looking for a lawyer to drawn up documentation to add a name to a deed. Father and Daughter in Altoona, PA

Father and Daughter in Altoona, PA

Christopher Sperring
Christopher Sperring
answered on Nov 4, 2019

This sounds simple but isn't always. If there is a mortgage currently on the property, then you have two options: 1) notify the bank/lender that you are seeking to add someone to the deed and go through the bank/lender's process for that (if allowed) or 2) refinance. I typically recommend... View More

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: Gym Fees

My Gym membership was on auto renew but he messed up and did not charge me, once he realized he messed up he sent me an email said welcome for the gift. We fulfilled another year membership but wanted to cancel but he said we owe him for the time he was not charging us. Are we liable for those... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2019

It would depend on the terms of the contract. You could have a Pennsylvania attorney review the contract and all communications between you and the gym to to explore whether there is a possibility of disputing the charges. Good luck

Tim Akpinar

3 Answers | Asked in Contracts and Civil Rights for Pennsylvania on
Q: I sold a camper with a bill of sale AS IS and the buyer a few days later stated he went and got an attorney

I would like to know what I can do on my end when I did nothing wrong. There was visible water damage and the person who bought it accessed the damage before saying if he was purchasing or not. After that being done he then asked if I would take less and I said yes and then he said good that way I... View More

Gary Kollin
Gary Kollin
answered on Oct 24, 2019

Ask him for a copy of the police report as first step, if it really exists

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2 Answers | Asked in Contracts for Pennsylvania on
Q: I thought I was signing a credit card receipt at Retro Fitness and now they are saying I signed a contract!

I thought I was signing a credit card receipt for a one-time charge for some training sessions at Retro Fitness and now they are saying that I signed a contract! It was not a paper copy of a contract that they presented me with to sign, it was one of those little electronic gadgets that has just... View More

Nancy L Lanard
Nancy L Lanard
answered on Oct 23, 2019

If it is 3 days after you signed, you have a right of rescission in PA (right to cancel the contract). If they did not show you the contract, I would complain to the PA Attorney General's office. Good luck.

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1 Answer | Asked in Contracts and Health Care Law for Pennsylvania on
Q: A durable medical equipment supplier refuses to pick up their items. Does patient have to pay afterward?

DME company made a mistake billing insurance since June 2019, sent statements to patient in Sep 2019. In Sep 2019, patient told supplier to pick up item, they no longer want it. DME supplier said they would not unless a doctor told them to. Does the patient have to pay for the rental cost... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Patient has, I assume, asked them to remove it in writing and saved a copy of the letter. Suggest the person contact the Medicaid office that deals with providers.

1 Answer | Asked in Contracts for Pennsylvania on
Q: I've paid my car off now the used car dealer is saying I owe him another $586 to get my lien release.

Lien was through Westlake Financial who said I missed my first payment (I didn't) dealer bought car back. I never signed a contract with him but he said my Westlake contract was his now. Paid car off a year ago then got a bill in the mail from dealer stating I owe him another $586. He has... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

File a cmplaint with DOT and with the AG's consumer protection office.

1 Answer | Asked in Contracts for Pennsylvania on
Q: I am an administrator for a small convention, and we are working with a hotel in Pennsylvania.

I am an administrator for a small convention, and we are working with a hotel in Pennsylvania. The convention owner would like to tell the hotel that we (the convention) don't want to be crowded while we are occupying the hotel for the weekend (Friday to Sunday). We take up about 30 of the 180... View More

Nancy L Lanard
Nancy L Lanard
answered on Oct 7, 2019

Your contract can state language like that, but I cannot imagine any hotel would agree not sell the rooms that you are not occupying. I assume that if you wanted to pay for all the rooms they would agree to keep them empty.

1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: Who is the liable party?

Company A and Company B are two separate legal entities each having their own Federal tax ID number.

Company A signed a contract d/b/a as Company B. Which one is the legal responsible party?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2019

A Pennsylvania attorney would be in the best position to answer this, based on state law considerations. But the question remains open for three weeks. As a general matter, it would be helpful to have additional information. For instance, why did one company sign in lieu of the other? Was it for... View More

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: If a tennant has a 3rd party paid there deposit and then tennant dies, can the deposit be returned to the 3 party
Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2019

Was the 3rd party a tennant? The money should go to the estate of the 3rd party.

1 Answer | Asked in Contracts for Pennsylvania on
Q: I purchased a performance tuner from a company online and wasn’t satisfied and they make the claim on their home page

I purchased a performance tuner from a company online and wasn’t satisfied and they make the claim on their home page, “money back guarantee” yet they won’t answer me and are purposefully ignoring my emails. What can i do to handle this?

The link to the site is https://dieseltruckproducts.com/

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2019

File a claim with that state's Attorney General Consumer Protection Division. You can also contact the Pa. Atty General Consumer Protection division.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Pennsylvania on
Q: Can i sue the Civil engineer/Architect for fees paid if they fail to deliver the approved plans?

The plans by Civil Engineer and Architect have not been approved by the city as they do not meet codes. I have paid them in full and they are not making any attempts to rectify the issue. I would like to get back the fees I have paid and compensation for my wasted time. What practice area lawyer... View More

Elizabeth Tarasi
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answered on Sep 10, 2019

A trial attorney or litigator.

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: 8 yrs ago I had a french drain installed, I just found out that about 30 ft of it has no pipe installed. Is it too

This week I tried to dig up some of the drain which never worked to see if I could fix it. I found out that about 30 ft only had gravel and no drain pipe installed (right in the problem area) Do I have any recourse?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 6, 2019

Unless you have some sort of a written guaranty or warranty, probably not.

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