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Stopped Checks - Contractor

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viewsonic1

Guest
What is the name of your state? PA

Hello,
I had a non-verbal contract with a contractor. The amount to be paid for the task was $5,400 and it was disclosed (numerous times) to the contractor that his quote needed to remain a fixed quote. I was constantly told, through the process, that I would be "taken care of."
Towards the end; the job has not been complete, and I have paid the contracter over $8,000. He had asked me, in the past, to pay his employees directly so he would not have to deal with the tax issues. One of the employees had waited for two months to cash the check and the account was closed out (credit card). I did not realize the check was outstanding. At this point I have no desire to pay the contractor ($350.00) due to the fact he has not completed the tasks, he has broken some of my property, and in the end I have still paid him in excess of $3,000.00 (not included the amount paid to him was the fact that I purchased a lot of the materials. These materials, however, were included in the original estimate).
The employee is threatening to sue me. My impression would be that he needs to go to his employer for the money, and the employer can then decide to sue me. My impression is, also, that they did not complete the job and I have already paid more then what was quoted (there is one witness to hearing the quote).
Do they have plausible legal recourse? Can this person take me to small claims court & win? If it is an empty threat then it is, if he is going to take me to court then I would like to sue the contractor for breach of a verbal contract. He also wants to take me to court in the neighboring county. I live in Philadelphia, the job was performed in Philadelphia, and the checks were picked up from my home in Philadelphia.
My next question would be - do I have a viable option?
Thank you.
 


HomeGuru

Senior Member
viewsonic1 said:
What is the name of your state? PA

Hello,
I had a non-verbal contract with a contractor. The amount to be paid for the task was $5,400 and it was disclosed (numerous times) to the contractor that his quote needed to remain a fixed quote. I was constantly told, through the process, that I would be "taken care of."
Towards the end; the job has not been complete, and I have paid the contracter over $8,000. He had asked me, in the past, to pay his employees directly so he would not have to deal with the tax issues. One of the employees had waited for two months to cash the check and the account was closed out (credit card). I did not realize the check was outstanding. At this point I have no desire to pay the contractor ($350.00) due to the fact he has not completed the tasks, he has broken some of my property, and in the end I have still paid him in excess of $3,000.00 (not included the amount paid to him was the fact that I purchased a lot of the materials. These materials, however, were included in the original estimate).
The employee is threatening to sue me. My impression would be that he needs to go to his employer for the money, and the employer can then decide to sue me. My impression is, also, that they did not complete the job and I have already paid more then what was quoted (there is one witness to hearing the quote).
Do they have plausible legal recourse? Can this person take me to small claims court & win? If it is an empty threat then it is, if he is going to take me to court then I would like to sue the contractor for breach of a verbal contract. He also wants to take me to court in the neighboring county. I live in Philadelphia, the job was performed in Philadelphia, and the checks were picked up from my home in Philadelphia.
My next question would be - do I have a viable option?
Thank you.
**A: file a complaint with the state.
 

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