What is the name of your state? Indiana
Scenario: I hired my neighbor to do concrete work for me….he had just lost his job, needed the work, and gave me a great deal. I received a written quote for $3,900.00 which was for everything but the driveway concrete, which we verbally established a few weeks later to be an additional $2,600.00. The terms he wrote on the quote were “No Money due until Job Complete”. He started the work, but soon got his job back, so didn’t have the time to devote to working on my job, which at the time I was fine with because I was in no hurry. When he was ready to pour the driveway, he asked if I would front him $3,500.00(making the total I would owe him 3,000.00) which because he was a friend, and had done a lot of work already, I was fine with it. After months and many delays, he finally poured the driveway and then just had the sidewalk to do, but we were now 6 months into the project, and now time was becoming an issue. We established a due date(in writing), which he failed to meet, but promised to have it done within the next week. I allowed him to continue, he attempted to pour it, but it rained and damaged most the sidewalk. But because we have a dispute in what he feels I owe him in total(he wants $3000.00 + $900.00 more for God knows what), instead of replacing the sidewalk as promised, he wrote me an email a week later that stated all work has stopped until paid in full. He also said if I take him to court, he would ask for even more money saying he would charge market value for all the work he had done.
I have filed a claim against him for breach of contract, and had expected him to counter-sue, but he hasn’t yet. I obtained 3 quotes to have the sidewalk replaced, and I’m using the middle one of $2,500.00 for my claim against him. I am preparing my evidence with the idea that I might have to combat his saying I owe him any additional money beyond the $6,500.00, but if he doesn’t file a counterclaim, isn’t the issue here more that we have a written contract with terms of “No Money Due until Job is complete”, so wouldn’t I be entitled to $2,500.00, and then anything I may still owe him for the project is a separate issue, or will the judge most likely take everything into consideration and try to determine a total cost for the project, and only award me or him the difference, even though the job was never completed?
I guess I will know the answer to this in a few weeks, but was hoping for opinions as I prepare for court.
Thanks in advance.
Scenario: I hired my neighbor to do concrete work for me….he had just lost his job, needed the work, and gave me a great deal. I received a written quote for $3,900.00 which was for everything but the driveway concrete, which we verbally established a few weeks later to be an additional $2,600.00. The terms he wrote on the quote were “No Money due until Job Complete”. He started the work, but soon got his job back, so didn’t have the time to devote to working on my job, which at the time I was fine with because I was in no hurry. When he was ready to pour the driveway, he asked if I would front him $3,500.00(making the total I would owe him 3,000.00) which because he was a friend, and had done a lot of work already, I was fine with it. After months and many delays, he finally poured the driveway and then just had the sidewalk to do, but we were now 6 months into the project, and now time was becoming an issue. We established a due date(in writing), which he failed to meet, but promised to have it done within the next week. I allowed him to continue, he attempted to pour it, but it rained and damaged most the sidewalk. But because we have a dispute in what he feels I owe him in total(he wants $3000.00 + $900.00 more for God knows what), instead of replacing the sidewalk as promised, he wrote me an email a week later that stated all work has stopped until paid in full. He also said if I take him to court, he would ask for even more money saying he would charge market value for all the work he had done.
I have filed a claim against him for breach of contract, and had expected him to counter-sue, but he hasn’t yet. I obtained 3 quotes to have the sidewalk replaced, and I’m using the middle one of $2,500.00 for my claim against him. I am preparing my evidence with the idea that I might have to combat his saying I owe him any additional money beyond the $6,500.00, but if he doesn’t file a counterclaim, isn’t the issue here more that we have a written contract with terms of “No Money Due until Job is complete”, so wouldn’t I be entitled to $2,500.00, and then anything I may still owe him for the project is a separate issue, or will the judge most likely take everything into consideration and try to determine a total cost for the project, and only award me or him the difference, even though the job was never completed?
I guess I will know the answer to this in a few weeks, but was hoping for opinions as I prepare for court.
Thanks in advance.