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Bein Sued by a contractor, lovely...

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ibanezg10

Junior Member
What is the name of your state (only U.S. law)?

South Dakota

Real simple:

I needed a concrete pad for my sheds to sit on, I called a contractor, he came out and told me $1100.00. He then sent me a written estimate.

It looked good so I called and said lets do it. He said it would be a couple of weeks before he got started.

In the meantime, my wife did not get her contract renewed (teacher). I called the contractor to cancel, twice. Both times before he started the project, but both times on his voicemail.

I came home the two days after to find him just finishing the project. I explianed that we cancelled because money was going to be very tight. But the pad was down, So I said we would work something out...since i felt bad that the man had already done the work and assumed it was an honest mistake.

I paid as much as I could ; $250.00 over 3 months. Apparently it wasn't fast enough so he started coming over and making comments about ATV's i owned that were stored in a shed. Then his wife called and asked why I planted trees in my front yard if money was so tight?? (Given to me by Arbor day foundation), I asked why they were looking in my shed and snooping around my house and she replied that they had every right to since I owed them money

Anyway, that is all hearsay so not much juice in court. Either way,

We had no signed contract for the service. period. Is that my best defence in court? What tactic should I take?
 


I think you should have done more than leave 2 voice mails - he obviously did not get them (why do work knowing you wont get paid??). You are doing the right thing paying so try to work this out .. small claims court result would be the same ... I would send him a notice of tresspass letter saying he is not to be on your property & copy your police dept.
 

justalayman

Senior Member
We had no signed contract for the service. period.
really?


It looked good so I called and said lets do it. He said it would be a couple of weeks before he got started.
sounds like you did have a contract. Unless you can prove he received a notice of cancellation, you have nothing. Even if you can prove he received the calls, he still might have a had a claim against you. Depending when the calls were made, he may have had some materials purchased and time committed for the work which was not recoverable. In reality all that is moot as you did pay on the contract which is a ratification in itself so you really have no basis to deny the contractor what you owe, in full.
 

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