My question involves business law in the state of: NY
My husband and I run a small business. We are a sub-conractor that maintains foreclosed properties. We have a bit of a dilemma that has been ongoing since November now and see no resolution in sight. Here is the situation:
We were given a work order for a property to repoint brick on a house. Since it was 35 ft high and 25 ft wide we told the bank we would need scaffolding set up on the building, which they approved. The money was advanced to the company we sub for and then to us to pay for the scaffolding. We had the company set up the scaffolding. The day we went to start the job, about 10 days after set up, someone was using our scaffolding and when we confronted them we were advised the house had been sold and he was hired by the new homeowner to repoint the brick. We immediately contacted the scaffolding company to come and take the scaffolding down. When they got there the homeowner arrived and stopped them saying that he was told by the bank that anything on the property he now owned when he closed on the property. The bank never notified the company that we sub for that the property had been sold. They actually sold it prior to the date the scaffolding was set up. We were advised by the company that we sub for not to pay the invoice from the scaffolding company for the set up and rental because the bank was going to go ahead and pay for everything and we were to return the advance, which we did. Not the company we sub for is saying nothing has still been resolved and that the contract was between our little company and the scaffolding company so we may be the ones stuck with paying the purchase fee plus the rental fee plus the $30 a day rental overage for this scaffolding because the bank never cancelled our work order and we didn't pay the contract and the scaffolding company doesn't have their scaffolding yet.
Can we really be held reaponsible for these charges? I get that we have to pay the rental fee etc, but overage and purchase price should not be our responsibilty.
Sorry this is so long. Wanted to be as detailed as possible.