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x98lbwuss

Contractor dispute

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I am a contractor who is currently being sued. I took a 10% deposit as I always do. The customer and I signed a contract and I proceeded to work on the project. I provided drawings and applied for, and was granted, a building permit. The project was a deck. We tore down the deck. The customer needed some landscaping done as well as some drainage issues that needed to be done. This needed to be done after we removed the deck due to low height of the deck. We returned a week later after the landscapers were done to begin work. We spent the day laying out our footings to discover that the homeowner had landscapers install a retaining wall where some of our footings needed to be dug. This obviously was an issue. The homeowner asked that we suspend work. He was very upset that we were walking where the deck was going and causing "craters like the surface of the moon". We left. 

 

I informed him that I was no longer interested in building his deck and issued him a refund. There were numerous other issues that I won't get into but needless to say there were communication issues between him and I, his wife would tell me one thing while he would say something different. I had a bad feeling about this job and this only magnified it. I withheld the fees for the permit and the fees for the demolition and dump. He is suing me for the entire amount of his deposit. We did work on his house and I feel I am entitled to pay for the work. I didn't keep the whole amount, just the hours we worked and fees that I paid. Does he have a case? Any advice? 

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27 minutes ago, x98lbwuss said:

He is suing me for the entire amount of his deposit.

 

Have you been served a summons and complaint or just been threatened with a suit?

 

If you have been served then what, exactly, are the allegations in the complaint?

 

Quote them word for word.

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I have been served for a small claims court date. 

 

The exact words are way too numerous to type here. He is alleging that he has damages due to the fact he has to hire another contractor that is charging him more than I was going to charge. He alleges that he has damages due to being without his deck even though he had to have it removed to resolve his landscape drainage issues. 

 

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59 minutes ago, x98lbwuss said:

There were numerous other issues that I won't get into

 

Then, as far as us analyzing your post, these issues don't exist.

 

 

1 hour ago, x98lbwuss said:

Does he have a case? Any advice?

 

Does he have a case of what?  If you're asking us to assess the relative merits, that's impossible based on what you've told us.  You didn't tell us what state you're in, but if you're in a state where lawyers are permitted in small claims court, then you can decide whether the amount in dispute is worth hiring a lawyer.  If not, then you file a written response (if required in your state) and/or show up at the hearing and defend yourself.

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