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?
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?