Advice for small claims suit

[profsuitatl]

What is the name of your state?What is the name of your state? Georgia

I hired a contractor to lay a concrete foundation slab, 11' x 11' The end product was an 10' x 13' slab that was extremely un-level (6" low...very extreme). I asked for my money back and he said no. It has taken 2 months and a formal letter stating that I was prepared to take legal action for him to call and tell me he wanted to resolve it. I would prefer to take him to court cause I don't want him on my property anymore and I think he's completely incompetent: He keeps telling me concrete cannot be levelled. I told him I wanted the slab removed and repoured level to within 1/2." He will not give a date of when the work is to be completed, he will not sign or verbally agree with any of my conditions for the work to be attempted again, such as the slab needing to be level.

I have photos of the levelling problem and numerous other documents for the claim, however, because he has offered to redo it and small claims court is a resolution forum, I feel the judge would want him to have a second chance to fix his error. How long do I give him to do the work before following through with a claim? Am I justified in turning down his offer or will this hurt my case?

thanks

 

[BL]

He keeps telling me concrete cannot be levelled.

Get 2 separate Estimates for a replacement slabs you specified , then take it to Court .

Please verify what you mean by Level ?

What exactly is the foundation for , and on what Level of earth ?

 

[profsuitatl]

reply-advice

By level I mean a flat surface, not slanted. The slab is the finished floor of a storage shed. The company that makes the sheds requires the slab to be level within 1/2" and right now it's 6" off, very slanted. The area is dirt next to my driveway (which is slightly slanted downhill). He just didn't monitor his workers and they did not level their forms (or measure them for that matter), so the product is hopeless for my purposes.

I have 3 estimates on removing and repouring the slab.

My concern is that he has told me he wants to resolve the issue, but he has not done anything in 2 months. I'm ready to take him to court, but I think it will look bad in the eyes of the judge that he has offered to fix it and I didn't let him, although I think he's had enough of an opportunity to make things right. Plus, because he keeps telling me concrete cannot be levelled, I can only have serious doubts that he will be able to deliver the product that I paid him for. We talked extensively about levelling the area when he was bidding on the job.

what do you think? a solid case or I need to give him more time?
thanks

 

[BL]

Well if the Land is only Slightly slanted , I don't know where they get concrete can not be level .

Anyone with a Brain knows when concrete is wet ( as with water ) , it mostly levels itself in the form . All that's basically left to do is get the bubbles out and smooth it out , and let it dry .

So the Form needs to be " slightly " deeper according to the Land ".

They do have levels they sell and have for Ages , to make sure the " form " is level , to receive the concrete .

If The Contractor is , and will state in Court , it can't be leveled , he should have NEVER contracted with you with those specs in the First place .

Give Him in writing return receipt requested Certified Mail , 10 days to confirm in writing on contractor letterhead , he will redo the Job to specs , within 2 weeks ,at no addition charges , or you will proceed with small claims .

He has had plenty of time to rectify this .

 

[tryingtoplease]

Was this a "licensed" contractor?

 

[BL]

Was this a "licensed" contractor?

Try your search engine for definitions . Google is a good one .

 

[tryingtoplease]

Reason I asked if it was a licensed contractor is that the state contractors licensing board should have a dispute/arbitration dept where she can register a complaint and they attempt to get the contractor to comply. Easier and less hassle than court. However, if in an attempt to save some money, they hired an unlicensed contractor, then they got what they paid for.

 

[BL]

Sorry I read it wrong . I thought you ask , What is a Licensed Contractor ?

I've had a side headache , like Migraines for the past 4 days .

My eyes and mind play tricks on me Small claims would be quicker .
Other options are Licensing board , If Licensed , Attorney General's Complaint along with the BBB .

Even If the contractor wasn't licensed , and he really botched the Job , I think the Property owner could recover , if he shows all the evidence ( pictures -New estimates , Etc .).

 

[tryingtoplease]

Sorry I read it wrong . I thought you ask , What is a Licensed Contractor ?

I've had a side headache , like Migraines for the past 4 days .

My eyes and mind play tricks on me Small claims would be quicker .
Other options are Licensing board , If Licensed , Attorney General's Complaint along with the BBB .

Even If the contractor wasn't licensed , and he really botched the Job , I think the Property owner could recover , if he shows all the evidence ( pictures -New estimates , Etc .).

Hey Blonde,
Tis okay, I once REALLY misread a post without my reading glasses. I'll not do that again! You'd never guess how much the word "heaven" looks like "beaver" without them.

I hope you feel better soon. If you recall, I was the one offerin to take ya in and cheer you up with some fried chicken and lasagna.

And I agree with your advice to OP. Licensing board is usually more dramatic (i.e., they can note this complaint on license website for a for all to see ), but if not licensed, be prepared to show estimates from other companies to "fix" the problem.

BTW, Blonde, as a child growing up in late 60's, I pretty much thought y'all hadn't spent time in Lebanon.

 

[BL]

Hey Blonde,
Tis okay, I once REALLY misread a post without my reading glasses. I'll not do that again! You'd never guess how much the word "heaven" looks like "beaver" without them.

I hope you feel better soon. If you recall, I was the one offerin to take ya in and cheer you up with some fried chicken and lasagna.

And I agree with your advice to OP. Licensing board is usually more dramatic (i.e., they can note this complaint on license website for a for all to see ), but if not licensed, be prepared to show estimates from other companies to "fix" the problem.

BTW, Blonde, as a child growing up in late 60's, I pretty much thought y'all hadn't spent time in Lebanon.

Ahh Fried Chicken & Lasagna . Yum ..

About Lebanon , My SN is Lebinese , misspelled on Purpose , as Lebanon is/has been associated with terrorism.

The 60's Sn come from ( just for the heck of it ) the days of Hippies , Try Figuring it out .

I mean Even Clinton admitted to it , and I think bush Mentioned it , and I can only Guess how many other Politicians were " Into" the 60's

 

[BL]

You'd never guess how much the word "heaven" looks like "beaver" without them.

Well those two words could possibly go togeter ....

 

[profsuitatl]

thanks

Thanks for the advice. I got a chuckle out of the heaven beaver thing...

He sent me an email, no letterhead, stating that he wanted to do a touch up with capping concrete to resolve the problem and if I was not satisfied with that, he'd redo it. I told him immediately that I was not happy with capping (adding 6" of concrete to existing slab) as a means of levelling. I told him, again, that I wanted it redone. I sent him a certified letter stating several conditions that I would allow him back on my property, ie. that he was to inform me 48 hrs. in advance of the date he would return, that the forms were to be levelled, and that the final product needed to be level within 1/2" and repeated the size. I told him I wanted him to sign that and get it back to me. He never responded. I called and he said he had a problem with some of the conditions I listed and would not sign anything. Said his lawyer advised him not to, but I would bet my life that he's never talked to a lawyer (who represents him...he wont give me a name), and when asked what conditions gave him concerns, he said he couldn't go into it...

So, you think I should send another letter certified giving him a final date and if I don't see him at my property within that period, I proceed with the suit?

Since much of the evidence that he's totally incompetent, i.e. him telling me concrete cannot be levelled, is from our phone conversations (which I have documented exhaustively), is that admissable? If he appears in court, he would have to deny the content of those conversations. Should I try and get him on the phone with a 3rd party would could be my witness?

If he acts innocent in front of the judge, says he did an incompetent job and has tried to redo it but I wouldn't let him...I think it will only look bad on me. This guy is a real schmoozer...and a total liar. I have no doubt that he would tell the judge just about anything.

 

[tryingtoplease]

Ahh Fried Chicken & Lasagna . Yum ..

About Lebanon , My SN is Lebinese , misspelled on Purpose , as Lebanon is/has been associated with terrorism.

The 60's Sn come from ( just for the heck of it ) the days of Hippies , Try Figuring it out .

I mean Even Clinton admitted to it , and I think bush Mentioned it , and I can only Guess how many other Politicians were " Into" the 60's

HASH-OOOO. Gseundheit.

 

[BL]

Thanks for the advice. I got a chuckle out of the heaven beaver thing...

He sent me an email, no letterhead, stating that he wanted to do a touch up with capping concrete to resolve the problem and if I was not satisfied with that, he'd redo it. I told him immediately that I was not happy with capping (adding 6" of concrete to existing slab) as a means of levelling. I told him, again, that I wanted it redone. I sent him a certified letter stating several conditions that I would allow him back on my property, ie. that he was to inform me 48 hrs. in advance of the date he would return, that the forms were to be levelled, and that the final product needed to be level within 1/2" and repeated the size. I told him I wanted him to sign that and get it back to me. He never responded. I called and he said he had a problem with some of the conditions I listed and would not sign anything. Said his lawyer advised him not to, but I would bet my life that he's never talked to a lawyer (who represents him...he wont give me a name), and when asked what conditions gave him concerns, he said he couldn't go into it...

So, you think I should send another letter certified giving him a final date and if I don't see him at my property within that period, I proceed with the suit?

Since much of the evidence that he's totally incompetent, i.e. him telling me concrete cannot be levelled, is from our phone conversations (which I have documented exhaustively), is that admissable? If he appears in court, he would have to deny the content of those conversations. Should I try and get him on the phone with a 3rd party would could be my witness?

If he acts innocent in front of the judge, says he did an incompetent job and has tried to redo it but I wouldn't let him...I think it will only look bad on me. This guy is a real schmoozer...and a total liar. I have no doubt that he would tell the judge just about anything.

I would really do A return Receipt Requested Certified Letter through the Postal Service .

Out Line everything you have stated here to him . Give him the Opportunity I outlined Before .

If he does NOT sign for the Certified Letter and It's returned to You ( do not open it ) , this could take up to 18 days .

If he does receive it and sign for it , but does not comply , Either way take him to Court .

You would now have a Paper trail you gave him an opportunity to rectify the issue , and he refused .

He can not now deny that , and your proof of the botched job , especially Pictures , should be more than enough to show his incompetence .

 

[BL]

HASH-OOOO. Gseundheit.

Is Gseundheit = Random thoughts of mind ?