• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Shady contractor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Eaglestone

Junior Member
What is the name of your state? California

Hi,
We run a family business to do marble and granite work. Last year, a general contractor subcontracted us on a home improvement job to do granite work for his customer. We sent him an estimate and he agreed to do the job, but we signed no contract as we generally dont do it with contractors we trust. The job was completed to his customer's satisfaction and he was paid by them. However, he did not want to pay us the full amount and only paid 2000 out of 5000 owed. Regardless of whether or not he got paid, by law i believe he has to pay us for the work done.
We are now taking him to small court. My question is, do i have a case? What if he lies and says the job was for 2000 only?
i have proof of estimates made out to him, but none signed. I also have a price sheet as we charge per square foot on jobs. Im also contacting the person we did the job for to take pictures for court and have her sign that shes happy with the job. My question is, if he lies, what can i do to refute it although i dont have a contract? and, do i HAVE to have a contract? what other information would be useful?
thanks so much, Dave
 


HomeGuru

Senior Member
Eaglestone said:
What is the name of your state? California

Hi,
We run a family business to do marble and granite work. Last year, a general contractor subcontracted us on a home improvement job to do granite work for his customer. We sent him an estimate and he agreed to do the job, but we signed no contract as we generally dont do it with contractors we trust. The job was completed to his customer's satisfaction and he was paid by them. However, he did not want to pay us the full amount and only paid 2000 out of 5000 owed. Regardless of whether or not he got paid, by law i believe he has to pay us for the work done.
We are now taking him to small court. My question is, do i have a case? What if he lies and says the job was for 2000 only?
i have proof of estimates made out to him, but none signed. I also have a price sheet as we charge per square foot on jobs. Im also contacting the person we did the job for to take pictures for court and have her sign that shes happy with the job. My question is, if he lies, what can i do to refute it although i dont have a contract? and, do i HAVE to have a contract? what other information would be useful?
thanks so much, Dave
**A: how in the world are you in business without signing contracts?
Without a contract you have no evidence. Now in court, it will be he said, she said...and more lies.
 

seniorjudge

Senior Member
Dave, get every piece of information and documentation that you can. Give copies to the bad guy and the judge. Be as calm and professional as you can be.

Of course the bad guy will lie.
 

Eaglestone

Junior Member
Like i said, this guy was a good friend. we trusted him and he never had a problem with payment. But, he's done this before we now know. I guess it goes to show you cant trust anyone.
 

HomeGuru

Senior Member
Eaglestone said:
Like i said, this guy was a good friend. we trusted him and he never had a problem with payment. But, he's done this before we now know. I guess it goes to show you cant trust anyone.

**A: that's why, friend or no friend, always get it in writing.
 

Eaglestone

Junior Member
Ive also gathered testimonials from contractors.com stating he's done the same thing. Im also going to file a complaint against his license, and hopefully the state license board does something. Any other documents I should bring? I will have the lady sign that the job was completed to her satisfaction and take pictures. I will also bring the invoices. What else would be good?
 

seniorjudge

Senior Member
Eaglestone said:
Ive also gathered testimonials from contractors.com stating he's done the same thing. Im also going to file a complaint against his license, and hopefully the state license board does something. Any other documents I should bring? I will have the lady sign that the job was completed to her satisfaction and take pictures. I will also bring the invoices. What else would be good?
Sounds like you have every thing under control.


Ive also gathered testimonials from contractors.com stating he's done the same thing.

Tell the judge this is evidence of a common scheme by the contractor.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top