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home repair job gone bad!! HELP!

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nelsnix

Guest
What is the name of your state?What is the name of your state? Illinois

A friend of mine started a job redoing a home inside and out. He was paid some of the money owed and he also purchased material needed to continue the job with funds out of his own pocket. The homeowner agreed to a specific date that the balance she owed would be paid. The said date came and went with no payment made. The gentlemen doing the work therefore gathered what tools and materials belonged to him and left the job. Our question is: Can he get top dollar for the materials and labor when this case is brought to small claims court or will he have to stick with the original estimate given? He does know the homeowner on a personal level and was trying to be "cool" and give this person a "break" on the cost of materials and cost of the labor.
However since the deal has went sour and this contractor is now "out" money that came from his own pocket, no "deals" are being offered. Any advice or comments would be appreciated. Also would this homeowner be reponsible for court costs?
 


O

OC3902

Guest
nelsnix said:
Can he get top dollar for the materials and labor when this case is brought to small claims court or will he have to stick with the original estimate given? He does know the homeowner on a personal level and was trying to be "cool" and give this person a "break" on the cost of materials and cost of the labor.
However since the deal has went sour and this contractor is now "out" money that came from his own pocket, no "deals" are being offered. Any advice or comments would be appreciated. Also would this homeowner be reponsible for court costs?
Click to expand...
According to the website below, a plaintiff suing in Illinois small claims court can recover up to $5,000, not including costs, interest and attorneys fees.

http://www.consumeraffairs.com/consumerism/small_il.html

"Costs" refers to court costs, at least in my state, so it appears the homeowner wouldn't be responsible for that when the case is in small claims court.
 
S

Shay-Pari'e

Senior Member
nelsnix said:
What is the name of your state?What is the name of your state? Illinois

A friend of mine started a job redoing a home inside and out. He was paid some of the money owed and he also purchased material needed to continue the job with funds out of his own pocket. The homeowner agreed to a specific date that the balance she owed would be paid. The said date came and went with no payment made. The gentlemen doing the work therefore gathered what tools and materials belonged to him and left the job. Our question is: Can he get top dollar for the materials and labor when this case is brought to small claims court or will he have to stick with the original estimate given? He does know the homeowner on a personal level and was trying to be "cool" and give this person a "break" on the cost of materials and cost of the labor.
However since the deal has went sour and this contractor is now "out" money that came from his own pocket, no "deals" are being offered. Any advice or comments would be appreciated. Also would this homeowner be reponsible for court costs?
Click to expand...

Is he a licensed contractor, and was there a written agreement?
 
B

BL

Senior Member
We only know one side . The side you are stating. He can certainly File a small claims action , but the other Party might have a valid reason for not making payment . Such as really poor workmanship .
 
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