What is the name of your state (only U.S. law)? California
I hired a roofer to tear down and install a new roof on my property. The contract was signed in the first week of December 2009. He had done an install on a friends property and I liked his work and ended up hiring him without doing my due diligence. The contract paperwork included his CA state contractor number as well as his residence address at the time of signing the contract. Additionally he wanted 2000 dollars as initial payment which he would accept only in cash - and to his credit he did furnish a receipt for the same. This payment reflected half of the total amount.
After installing half the roof he disappeared, changed his address and started giving us the excuse that because of the rains he couldn't finish the work and needed at least 3 continuous days of no rain to complete the work. At that time I called the state contractor board to check on his license and was told that his license had expired almost 10 years back and he never bothered renewing it. Secondly, he never obtained a permit from the city to work on our roof.
After two months of no progress, I sent him an email threatening him of legal recourse and damages if he did not complete the rest of the work to which there was no response.
After one more month of additional delays, and after my wife called him to return all material, he emailed my wife stating that the reason he decided not to work on our property was because of my threat to withhold payment and collect damages (he did come by and return all the remaining material). Additionally, he threatened my wife that if we pursued legal action against him, he was going to file a complaint with the county that we had done an bath remodel without permit which we were incidentally doing at the time he started the roofing work - and suggested that he would take legal action for withholding payment (LOL).
Given these circumstances, I am seriously considering taking him to court (not just small claims). I have since hired another roofer to complete the work - only problem is that no one would warranty the work done by this guy and that is half of my roof.
Can someone suggest what my options would be. Is it worth going after him to collect a few hundred dollars? This delay has caused me more heartburn than anything else. Can I take legal recourse specifically on his email threat - and would this be considered blackmail?
I hired a roofer to tear down and install a new roof on my property. The contract was signed in the first week of December 2009. He had done an install on a friends property and I liked his work and ended up hiring him without doing my due diligence. The contract paperwork included his CA state contractor number as well as his residence address at the time of signing the contract. Additionally he wanted 2000 dollars as initial payment which he would accept only in cash - and to his credit he did furnish a receipt for the same. This payment reflected half of the total amount.
After installing half the roof he disappeared, changed his address and started giving us the excuse that because of the rains he couldn't finish the work and needed at least 3 continuous days of no rain to complete the work. At that time I called the state contractor board to check on his license and was told that his license had expired almost 10 years back and he never bothered renewing it. Secondly, he never obtained a permit from the city to work on our roof.
After two months of no progress, I sent him an email threatening him of legal recourse and damages if he did not complete the rest of the work to which there was no response.
After one more month of additional delays, and after my wife called him to return all material, he emailed my wife stating that the reason he decided not to work on our property was because of my threat to withhold payment and collect damages (he did come by and return all the remaining material). Additionally, he threatened my wife that if we pursued legal action against him, he was going to file a complaint with the county that we had done an bath remodel without permit which we were incidentally doing at the time he started the roofing work - and suggested that he would take legal action for withholding payment (LOL).
Given these circumstances, I am seriously considering taking him to court (not just small claims). I have since hired another roofer to complete the work - only problem is that no one would warranty the work done by this guy and that is half of my roof.
Can someone suggest what my options would be. Is it worth going after him to collect a few hundred dollars? This delay has caused me more heartburn than anything else. Can I take legal recourse specifically on his email threat - and would this be considered blackmail?