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Contractor did a horrible job - taking me to court

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jayrenee

Junior Member
What is the name of your state? Kentucky

I hired my best friends uncle to finish my basement kind of as a favor to her and her uncle. He had done similar work for some people I knew and they recommended him also.

He quoted me about $1200 in materials and told me the project would take about 2 weeks since it was so basic. He was to frame, hang drywall, install a drop ceiling with lights and some electrical outlets. No painting, no carpeting, no finishing trim work. We never agreed on a specific amount for labor although I paid him promptly whenever he would ask for money...$100 here, $300 there, $600 the next time, etc.

During the project we had several talks with him about the quality of his work, there were some things we were concerned with but we tried to be patient with him because he was family of close friends. He agreed to correct the issues but there were some other things bothering us. We had given him a garage door opener to get in and out of the house. Well, it broke according to him and he bought another one and tried to program it without success. He tried to charge me for the cost of the garage door opener but I did not authorize the purchase and to this day, I dont have either one of those garage door openers.

Also, on two separate occasions, he did not show up when he said he was going to and could not get into the house (since he no longer had his garage door opener.) He would call me at 2:30 in the afternoon and tell me he was locked out and ask if there was any way he could get in and I told him NO wanting to know why he was just arriving at the job site. Instead of listening to me and leaving the property, he broke in through my bathroom window on one occasion, and my back door on another similar occasion. He acted like he was doing us a favor by pointing out ways people could break in and I told him he was lucky no one called the police to report him. If I had not known him personally I certainly would have.

After the job was completed 4 and 1/2 weeks later, we were extremely unhappy with his work. Everything we had addressed with him was either ignored or done halfway. He asked for another $350 and the cost of that garage door opener and we said no. He threatened legal action but we brused it off, he had to know he was in the wrong. We had already paid him $1100 and paid him directly for $1500 in materials, not all of which he produced receipts for.

Well, it turns out he really wants that money. He claims we did not give him the opportunity to address our complaints or fix things which is not true at all!! He is taking us to court for $381.00. I have since contacted another contractor who has given me an estimate of $900 to repair what was done incorrectly the first time. Turns out, he didnt even use treated lumber which is against code and it will all have to be redone. Does this guy have a case?? Should I countersue for the amount of this new contractors estimate??

Sorry if this is a little wordy but I wanted to give as many details as possible and I am still fuming about the situation. I would appreciate any advice! Thanks!!
 
Last edited:


Alias_joe

Member
Calmly-
get what receipts you have together,
check stubs, etc.
take pictures
get a decent calendar
write everything down in order with NO slanderous (he stunk) stuff

Your Affirmative Defenses are what?
-workmanlike manner
-paid beyond understood amount
-failure to prove materials expenses
-damage to:
a)
b)
c)
unusability for X weeks

good luck :D

(get a copy of jury instructions and use them as a guide- they are great for focusing)
 

JETX

Senior Member
jayrenee said:
Does this guy have a case??
Based SOLELY on the information in your post, it would be unlikely that he would get a judgment.

Should I countersue for the amount of this new contractors estimate??
That is an option you can consider. As to whether you should or not... that is purely your decision based on the facts.
 

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