URGENT- Contractor suing me- Need counterclaim advice

[mestressed]

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

Heating and Plumbing contractor is suing me in small claims court for $4,000balance of bill and sales tax. He did a terrible job, charging for extra parts needed due to his negligence. The system does not operate properly, and results in poor performance and large heating bills.

I want to countersue him for my damages- what damages are resonable?

I signed a contract with original plumber, he and his partner worked on my new construction plumbing and hydronic heating system. The hydronic system costs about twice as much to install as other systems- the benefit being warm to the touch flooring, and higher efficiency/lower fuel costs.

Before the job is completed, main guy drops out due to some jail issue, partnership dissolves, and partner takes over job. He operates under a new business name and license, and we continue forward. (I do not recall ever signing a new agreement with him, but I did make payments to him as specified in my original contract.)

He tells me original guy was a conman, who never intended to make my system work properly, and only wanted to get paid- and that I was lucky that partner was trying to make it work for me and finish the job.

The installed system looks more like Pa Kettle's mountain still, than the sophisticated high effiecncy system I was promised. This complicated heating system was not laid out properly, therefore, he has to install more powerful pumps, and charges those to me. System still does not work properly as there is confusion about which lines go where. This means thermostat in one zone calls for heat, but system heats somewhere else- making it run constantly, overheating the wrong area, and not heating the cold area.

I withheld the last payment and sales tax until job was finished properly. He came out on several occassions and tried to figure out what was wrong- but never did make it work right. He also tried to charge me for a unforseen permit that he should have paid for.

I only have a couple of days to file counterclaim- not enough time to get an estimate of what it would cost to fix. I really just want to make it go away-

What damages can I ask for that are most likely to stick?
Can damages be that the system is worth less because it doesnt work as it should, or my higher than appropriate heating bill?
How can I offset the sales tax he is asking for? Can I claim that the payments made included sales tax?

Times are tight for me- I'm a single full-time dad of a 2 yr old girl, and I'm financially STRAPPED- so any help is greatly appreciated!!

 

[BL]

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

Heating and Plumbing contractor is suing me in small claims court for $4,000balance of bill and sales tax. He did a terrible job, charging for extra parts needed due to his negligence. The system does not operate properly, and results in poor performance and large heating bills.

I want to countersue him for my damages- what damages are resonable?

I signed a contract with original plumber, he and his partner worked on my new construction plumbing and hydronic heating system. The hydronic system costs about twice as much to install as other systems- the benefit being warm to the touch flooring, and higher efficiency/lower fuel costs.

Before the job is completed, main guy drops out due to some jail issue, partnership dissolves, and partner takes over job. He operates under a new business name and license, and we continue forward. (I do not recall ever signing a new agreement with him, but I did make payments to him as specified in my original contract.)

He tells me original guy was a conman, who never intended to make my system work properly, and only wanted to get paid- and that I was lucky that partner was trying to make it work for me and finish the job.

The installed system looks more like Pa Kettle's mountain still, than the sophisticated high effiecncy system I was promised. This complicated heating system was not laid out properly, therefore, he has to install more powerful pumps, and charges those to me. System still does not work properly as there is confusion about which lines go where. This means thermostat in one zone calls for heat, but system heats somewhere else- making it run constantly, overheating the wrong area, and not heating the cold area.

I withheld the last payment and sales tax until job was finished properly. He came out on several occassions and tried to figure out what was wrong- but never did make it work right. He also tried to charge me for a unforseen permit that he should have paid for.

I only have a couple of days to file counterclaim- not enough time to get an estimate of what it would cost to fix. I really just want to make it go away-

What damages can I ask for that are most likely to stick?
Can damages be that the system is worth less because it doesnt work as it should, or my higher than appropriate heating bill?
How can I offset the sales tax he is asking for? Can I claim that the payments made included sales tax?

Times are tight for me- I'm a single full-time dad of a 2 yr old girl, and I'm financially STRAPPED- so any help is greatly appreciated!!

You get another contractor in there for an estimate of what is wrong and the cost to repair .

You also figure out the cost he charged you for issues he botched .

Get the botches noted on the new estimate ,and the Co. doing the estimates professional opinion of any botches .

Make sure the Estimated and notations are broken down to items and/or list .

 

[mestressed]

Ok- Thank you.
Then the damages I am seeking are the cost to repair the faulty system? I'm sure the damages would exceed $5,000, but I want to keep it in small claims. Can I seek less than the total cost of my damages?

Also, there won't be enough time for me to get this estimate and serve plaintiff 10 days before sched trial. Do I serve him late? Do I call the court and ask for a continuance?

 

[HighwayMan]

Who says you have to serve the plaintiff with the estimate? My experience in small claims is that it's simply introduced at the trial/hearing to justify the amount of the counter claim.

 

[BL]

Who says you have to serve the plaintiff with the estimate? My experience in small claims is that it's simply introduced at the trial/hearing to justify the amount of the counter claim.

I want to countersue him for my damages- what damages are resonable?

I think the poster wants to file a counterclaim .

If that's the case see the clerk of the court.

 

[HighwayMan]

I think the poster wants to file a counterclaim .

I know that, that's why I made the statement about justifying the counter claim!

 

[BL]

I know that, that's why I made the statement about justifying the counter claim!

What I am getting at , is when the poster files their counterclaim , it may have to be served on the plaintiff .

Perhaps the poster did not mean serve an estimate ,but the actual counterclaim when it is filed .

The way I read it , there wouldn't be time before trial to file and serve .

I do not know for sure how it's done in WA.

He needs to see the clerk anyways to file the counterclaim .If it's not filed ,it won't be heard ,and yes a new date should be requested.

 

[mestressed]

Thanks so much for your input!
I went to court and filed a request for a continuance so that I may have time to prepare, file, and serve a counterclaim against defendant. Clerk said I would know by the end of next week. If no, that would leave me high and dry, so I will do as much as I can before then. (Clerk said she's seen people serve plaintiff counterclaim at court day of hearing/trial- then they have option of preceding or ask for continuance...)

I found an expert in this hydronic heat field who is also kind of an advocate for people who've been taken by predetory or unskilled contractors. He is coming Monday to evaluate my system, and all that's wrong and what it would cost to fix. I know the amount of damages would be very high, but I really don't want to move to higher court, as I don't have time or money or energy for it. So, I'm planning on showing much higher damages than I'm asking for - less than $5000, the max for small claims.

Does anyone see a problem with that?

Also, on counterclaim form, it makes 3 statements that I have to agree to-
1. Plaintiff owes me x amount.
2. Defendant has demanded payment from plaintiff, and plaintiff refuses to pay.
3. I want court to dismiss plaintiffs case and award me x amount.

With regard to 2. I havnt done this. Do I need to do this before I file counterclaim? I don't really see how it's possible, given time constraints...?

 

[mestressed]

Also, I do understand that I don't need estimate/report to file and serve, but I thought I should have that first, so I would know what my damages are, and what amount I'm asking for. Now, I'm thinking cost to repair would be much higher than $5000- so, maybe I would show damages as they are, but counterclaim for $4800..? Is there a fundamental problem with that?
And I'm still not sure what to write on the counterclaim where it asks-
plaintiff became indebted to defendant in sum of $4800 FOR?