I recently poured a concrete slab for a customer. Our contract states that I would be paid a total of 4,790.00 for materials and labor to remove an existing slab and pour a new bigger slab in its place. I received a $2,500.00 deposit for the cost of the concrete and other materials upfront. The job was completed by me and my concrete subcontractor. When the job was completed the customer gave me my final check of $2,790. She then placed a stop payment on the final check and called to tell me that she had done so because after closer inspection she does not like the concrete slab after all. I went back over, looked the job over and saw a few places that were not perfectly even(small dips) I told her I would get back to her after I had my concrete subcontractor come over and look it over and we would then see how we could remedy the problem. When my concrete subcontractor went over by himself he, on the side, entered into a separate written and signed contract with the customer to lay stonework on top of the concrete. Either he or the customer than put my MHIC number on the contract without my consent or knowledge. She has since written me a letter to tell me that she does not like the stonework and that she wants all the money back from me that she has ever paid me and my subcontractor, which comes to $4,250 ($2,500 to me from my contract and $1750 to subcontractor for stone contract). She says if she does not get this money from me she will hire another company to come rip everything up and start over and then send me the bill. She says I am responsible for the stonework since he was my original subcontractor.
My question is this, since she hired my subcontractor on her own to lay stonework on top of my concrete job, which prevents me from fixing the concrete, isn't that considered accepting my concrete job as is? Can she sue me for any money at this point? and Can't I take her to small claims court to get rest of the money due on MY contract which would be $2,290.00?
My question is this, since she hired my subcontractor on her own to lay stonework on top of my concrete job, which prevents me from fixing the concrete, isn't that considered accepting my concrete job as is? Can she sue me for any money at this point? and Can't I take her to small claims court to get rest of the money due on MY contract which would be $2,290.00?