Can I, should I sue?

[Rick Gelinas]

A home remodeler contracted with me in writing to do five jobs at my home. All jobs are begun; none are finished. Last week he quit when I demanded he correct shody work and because we disagreed about an installment payment. The total value of all contracts is about $20,000. Another remodeler will charge me about twice that to finish his work. Can I, should I, sue him for the difference between what I'd have paid him if he'd finished all work, and what I must pay another company to finish his work? How can I discover, early, whether he has resources sufficient to make a law suite worthwhile? Can I attach or garnish his income in Florida? What about if he returns to Chicago? I don't know whether he has a license. Does it matter? I pulled the permits. The City building inspector is preparing a letter outlining some of the problems; also, I'm hiring a private inspector. I've taken photos. Also, I'm concerned that he may place a lien against my home; how do I deal with that? Should I place a lien against his home?

[Edited by Rick Gelinas on 11-21-2000 at 07:34 AM]

 

[ALawyer]

Please post this on the real estate construction board too.

He can place an mechanics lien on your home, which you would move to discharge. That means you will be in litigation.

The issue is how much you want to spend on that to maximize your recovery, as if "he" does not have sufficient assets, it will be impossible to collect. One real issue is whether the "he" is "him individually" or a thinly capitalized or dummy corporation that he will fold up. And that may depend on the contract you signed.

It is something the lawyer you retain can probably determine. Get one!