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Breach of Contract counter-suit question.

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EbayBob

Member
What is the name of your state? IN

I have a "Breach of Contract" small claims case occuring soon, where the defendant(contractor) also filed a counter-claim. The contractor is refusing to finish the job in an effort to force me to pay some additional money he's trying to get out of me. The basis of my claim is that I have a written contract from the contractor that states...."No Money due until Job Complete". My claim is for 2,500.00....the cost to hire someone else to finish the work he is refusing to finish until paid in full. So basically, he is wanting to now charge more than agreed to, and refusing to finish the job as a way to try and force me to pay these additional costs.

My question is this......if the Judge rules in my favor that the defendant is in Breach of Contract by refusing to complete work, and that indeed No Money is Due until Job Complete, could I potentially have his counter-claim thrown out since the Job is yet to be complete? Based on the contract terms as it stands at this moment, I have no money due to him now, or when he filed the counterclaim since the Job hasnt been completed yet, and question the validity of his counter-claim.

Or will the judge want to settle up everything between us at that time....meaning do something like take the total contract of 6500.00....assuming he ruled in my favor, he would subtract the 2500.00 and the ruling would be that I owe him 4000.00?
 


BL

Senior Member
What is the name of your state? IN

I have a "Breach of Contract" small claims case occuring soon, where the defendant(contractor) also filed a counter-claim. The contractor is refusing to finish the job in an effort to force me to pay some additional money he's trying to get out of me. The basis of my claim is that I have a written contract from the contractor that states...."No Money due until Job Complete". My claim is for 2,500.00....the cost to hire someone else to finish the work he is refusing to finish until paid in full. So basically, he is wanting to now charge more than agreed to, and refusing to finish the job as a way to try and force me to pay these additional costs.

My question is this......if the Judge rules in my favor that the defendant is in Breach of Contract by refusing to complete work, and that indeed No Money is Due until Job Complete, could I potentially have his counter-claim thrown out since the Job is yet to be complete? Based on the contract terms as it stands at this moment, I have no money due to him now, or when he filed the counterclaim since the Job hasnt been completed yet, and question the validity of his counter-claim.

Or will the judge want to settle up everything between us at that time....meaning do something like take the total contract of 6500.00....assuming he ruled in my favor, he would subtract the 2500.00 and the ruling would be that I owe him 4000.00?
We do not know what transpired causing the contractor to not finish the job .

The court will sort it all out .
 

EbayBob

Member
We do not know what transpired causing the contractor to not finish the job .

The court will sort it all out .
Nothing caused him to not be able to finish the job. He is just refusing to finish as a means of trying to force me to pay what he wants above and beyond the original agreement. I think the approach he should have taken was to complete the job per the agreement, and then pursue in court any additional costs he thinks I owe him that I may or may not pay.

I am prepared to debate his additional costs when we go to court......just seems I am defending something that at least at this moment has no validity to it since the Jobs not complete.
 

BoredAtty

Member
if the Judge rules in my favor that the defendant is in Breach of Contract by refusing to complete work, and that indeed No Money is Due until Job Complete, could I potentially have his counter-claim thrown out since the Job is yet to be complete?

Or will the judge want to settle up everything between us at that time....meaning do something like take the total contract of 6500.00....assuming he ruled in my favor, he would subtract the 2500.00 and the ruling would be that I owe him 4000.00?
Probably a variation of the latter since the contractor would likely be entitled to something even if he refuses to finish the job.
 

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