Do I have any chance of winning?

Question

I'm a contractor who is being sued for $1,100 in small claims. I agreed to Vinyl Side a house and Garage for $2,500 material and Labor combined. I received $1,700 down to furnish materials. We completed the house and half the garage but run out of money to finish. We never received any money for any labor performed. I did not have the money to finish the project out of my own pocket and felt bad It was taking so long. I agreed to finish the job out of my own pocket at my own expense to keep the peace. Apparently I was taking to long to come up with the other materials and he threatened to sue me. I told him fine , and told him I had done enough and wasn't doing anymore and to do what he had to. He is suing me for $1,080 for material

But afterwe sided the house he had us roof the garage, he suplied the materials. Once we we're done he said we had to waite until he got paid because he didnt have the money. He did end up paying, but I was concerned that if he couldnt pay $300 for that , how would he come up with our balance for the siding.
We also installed 25 sheats of OSB to all the garage wall's, this was not in the contract. He did not want to pay the labor so he said he would do it the following day on his day off. The next day when we arive his wife hands me the phone. Her husband then tells me it's our job to install it . Once again, if I dont we will never get our money.

I do alot of work for people he attends church with. I tried to resolve the issue by finishing it out of my pocket, but I have my own family.

$1,700 Down for materials. Sueing me for $1,100 and the house is done and the garage nearly completed. If I lose he just got this work done for $600 material/labor combined.

Answer 1

Only if they violated the contract by not making installment payments during the work. If you agreed to do the work for $2500 with $1700 down and $800 on completion it is likely they will win particularly since you walked off the job.

Answer 2

From what you say, you will have a tough time winning. You were supposed to take the $1,700 and buy all of the materials first. When the job was finished, you would be paid for the labor of $800.

If you spent any of the $1,700 on anything besides materials for this job, you breached the contract.

However, if you spent every dime of the $1,700 on materials and can prove that, you might have a defense--if it was in the contract that the owner was to pay for all materials needed for the job.

Answer 3

It depends largely upon the exact terms of the contract. From what you have stated here, you appear to have breached by failing to complete the job for which you contracted.

Answer 4

only if I try.