we paid $1500 upfront then had to fire a contractor. can he sue us for the balance?

Question

we wanted him to install Ikea cabinets, repair walls,paint, and lay tile. He didn't repair our walls. He put our cabinets and they weren't balanced. he couldn't figure out how to install the drawers and shelves in our ikea cabinets. my husband had to do that. he charged us for an electritian to install a ceiling fan that was never installed. tile was cut un-even and placed on the back splash un-even. we ask him to redo it. he refused. the drywall was is sagging and uneven. we did all the demolition work(tore down partitian walls, pulled up old flooring)we ask him to redo it he refused. he was to start on a friday and never showed untill the following sunday. he told us the work would be done when we came back from vacation which was 14 days. it was not done, infact he was just getting to the cabinets. we ask him if he could handle the project, he said yes but that was not the case. I had enough and told him he was fired. now he wants to take us to court for $2000. what should we do

Answer 1

He can sue; doesn't mean he'll win. Unfortunatly, add the cost of a lawyer to the expense of this mess; hire a decent one and save a few thousand.

Answer 2

I would take pictures of the work done , and perhaps sue in small claims court. That has a limit depending on your state so it might not cover the damages. He seems to be in clear breach of the contract. If the amount is much above the small claims limit you might talk to a lawyer about a full lawsuit . He cant get a lein on the house without court action . I would NOT hire another contractor until the lawsuit is finished unless a lawyer advises you , you dont want to have to pay both . Just a thought but if he is a licensed contractor you might contact the local building inspector and ask how to lodge a formal complaint as his work is below any accepted professional standard. Some states have a dispute mechanism where another contractor examines the job and writes a report on the quality of it . If it is substandard they may recify it at no further cost to you , and the contractor may lose his license .

Answer 3

Yes, he can sue you. Will he recover is another issue. You have defenses and a claim against him for breach. Write him a letter saying if he brings suit you plan to countersue him for breach of the agreement. The amount of damages will be the amount it cost you to do the work correctly. Include all of your complaints in the letter. Tell him you reserve the right to bring suit even if he does not sue you. Are you willing to call it even and walk away? Call him and tell him after you send the letter (certified mail RRR). Also, report him to the better business bureau.

The poster above is correct about the contract, which will govern the relationship. I analyzed the issue under basic contract principles. Hopefully, you haven't waived any rights to recovery in the contract (which may just be an order form, but a contract nonetheless).

Answer 4

This will be in small claims court meaning u don't need a lawyer..Take pictures of everything he did wrong show receipts, anything to prove he was a bad contractor and the judge will make him pay you back the 15 hundred he owes you..Be sure to counter sue!

Answer 5

What everyone seems to have forgotten in their answers is the contract you signed. What does it say as to payment and work completed? What does it say as to arbitration or venu?

The fact is, the plain language of the contract must first be judged in light of the situation and ONLY then can the court raise the question of equity .

EDITED FOR TARA:

The poster fired the contractor. No breech of contract issue here as his termination is an affirimative defense to such a claim.

Answer 6

He can sue you but the court will look to see if the amount paid is enough for the work completed. The court will look to make sure that neither party is unjustly enriched. This means that you paid enough for the work that was done, and any work that was done improperly you will receive compensation to fix it properly. If you go to small claims court make sure to bring all documentation. Take pictures of everything (Do not forget close-ups). And take notes on all conversations and phone calls notating times, dates and what was said by whom.

It is best to try to work it out before going to court but each party has to look realistically at what is owed by either party. For detailed info contact a local attorney. Look at source for fairly good info although not to be used instead of contacting an attorney about specific situations. Each state has its own specific laws.

Answer 7

Take photos, and perhaps an expert, and let him take you to court. But by all means DO show up at court, or he will have a lien put on your home. If he DOES put a lien on your home, take HIM to small claims court.

But the first thing I would do is take the time to consult an attorney and pay the $100-200 to have a letter written to the contractor stating that if he pursues it, you will go after lost wages, attorney fees, etc.

Answer 8

Yes, he can sue. That is ALWAYS true in the US. In the case you describe, you can counter sue. He will probably have to refund what you have already paid and may have to pay PART of the cost of doing things right. Your damages would be the cost of having the work done properly less the amount you agreed to pay him.

Answer 9

Take good photos. Write everything down. Make copies of all of your receipts and records. If he sues you in small claims court, you don't need an attorney.
Further, if you get sued, counter sue him for the down payment and all of your costs to fix what he messed up or failed to do.

Answer 10

Yes, he can sue and it will be up to the judge/jury to determine this dispute. Compile your evidence - photos, proof of payment, contracts, communications, logs. If his work was not worth the $1500, you can counterclaim against him for a portion of that as well.