If I have a construction contract with 2 individuals but the 1 who was a licensed contractor is now deceased, is my contract still valid?

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If I have a construction contract with 2 individuals but the 1 who was a licensed contractor is now deceased, is my contract still valid?

The builder took over 8 months to build my house and I can prove that he did not apply my draw funds to my house. Now at the end he wants me to pay more and is bulling me around to get the money. I was told that since our contract was between himself, his brother and myself that it is no longer valid because the brother who was licensed died during construction. He was told by the state board that he could no longer build homes after and investigation was filed but since I live in a rural parish he figured no one would figure out. Now he wants more of my money. What do I do?

Asked on August 22, 2012 under Real Estate Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your contract for a work of improvement with a home survives the death of the licensed contractor IF the licensed contractor operated his or her business out of an entity such as a partnership, corporation or limited liability company. Given the problems that you are writing about, I suggest that you consult with an attorney that practices in the area of construction law to give you suggestions as to how to remedy the issues that you have written about.


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