Contractor didn't finish job to the tune of $4,600!

[pennsylvania]

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

In December 2009 we purchased our first home. In the contract the seller offered $4,600 payable to a contractor for pointing our brick home exterior. To get this we had to have a contractor create a contract that explained what he would accomplish and how much this would cost. We still have this contract. A bank cut us a check payable to the contractor. We had the check in a lump sum, so we paid the contractor in full. I didn't know another way around this as it was coming straight from the bank in the contractors name. The summer of 2010, he pointed some of our bricks. Much of our house isn't completed, but not only that but he left our bricks a complete mess. We also have had continual water damage.

Through the years we have contacted him and asked him to finish his job that is in his contract. He would either ignore us, or say he would do it at a later date (which never happened).

We have received estimates from many masons most in the range of $5,000 to complete the unfinished job and to clean up the mess the original contractor did.

I have photos of before from the actual home inspector for buying the home and I photos from the home from various years.

Is this too late for me to sue the contractor? I asked one lawyer and he said that I can still sue. He said what I need are the estimates (done) and to send a notarized signed on delivery letter to the contractor that stole from us asking him to complete the job. This is fine, but I feel like we will get the run around again. What all do I need to do?

Any advice would be much appreciated. I want to get the ball rolling on this.

 

[Zigner]

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

In December 2009 we purchased our first home. In the contract the seller offered $4,600 payable to a contractor for pointing our brick home exterior. To get this we had to have a contractor create a contract that explained what he would accomplish and how much this would cost. We still have this contract. A bank cut us a check payable to the contractor. We had the check in a lump sum, so we paid the contractor in full. I didn't know another way around this as it was coming straight from the bank in the contractors name. The summer of 2010, he pointed some of our bricks. Much of our house isn't completed, but not only that but he left our bricks a complete mess. We also have had continual water damage.

Through the years we have contacted him and asked him to finish his job that is in his contract. He would either ignore us, or say he would do it at a later date (which never happened).

We have received estimates from many masons most in the range of $5,000 to complete the unfinished job and to clean up the mess the original contractor did.

I have photos of before from the actual home inspector for buying the home and I photos from the home from various years.

Is this too late for me to sue the contractor? I asked one lawyer and he said that I can still sue. He said what I need are the estimates (done) and to send a notarized signed on delivery letter to the contractor that stole from us asking him to complete the job. This is fine, but I feel like we will get the run around again. What all do I need to do?

Any advice would be much appreciated. I want to get the ball rolling on this.

Statute of limitations is 4 years. That means that you have 4 years from the point that he failed to complete the contract in which to file your suit. You are very close to that time limit, but you didn't list specific dates in your post.

 

[pennsylvania]

Statute of limitations is 4 years. That means that you have 4 years from the point that he failed to complete the contract in which to file your suit. You are very close to that time limit, but you didn't list specific dates in your post.

Zinger, Thanks for your reply. He began the job May 2014, but promised to finish the job that summer (verbally not in writing. grrrr). He never did. Because he was paid then, does that mean we don't have a case?

Thank you.

 

[tranquility]

Zinger, Thanks for your reply. He began the job May 2014, but promised to finish the job that summer (verbally not in writing. grrrr). He never did. Because he was paid then, does that mean we don't have a case?

Thank you.

In 2014, how much of your contract dealt with materials? (In dollars.)

 

[pennsylvania]

In 2014, how much of your contract dealt with materials? (In dollars.)

Keep in mind that we had to pay him in full, because the check was coming directly from the bank to him as per agreement when we purchased our house.

Here is the copy and pasted agreement (name withheld of course):

_________________________________________________________________________

Job Description: Re point brick, fix cap tile


Payment schedule: $1000.00 down payment

$1400.00 at completion of one side

$1400.00 at completion of other side and back

$1000.00 upon completion of job

Total $4800.00


I am fully insured and guarantee my work


_____________________________________________

 

[tranquility]

I asked a specific question.

Contracts for the sale of goods (stuff; materials) of over $500 need to be in writing and signed by the person it is to be enforced against because of the statute of frauds. Contracts with a mixture of goods and services will have a court determine the value of goods to see if the SOF applies. The statute of limitations may deny any relief on the original contract (which is 4 years). So, we are left with the purported verbal contract of May 2014.

Could it be a reaffirmation that restarts the SOL? Could it be a separate contract based on the written one? I don't know. All I ask is:

"In 2014, how much of your contract dealt with materials? (In dollars.)"

 

[Zigner]

I asked a specific question.

Contracts for the sale of goods (stuff; materials) of over $500 need to be in writing and signed by the person it is to be enforced against because of the statute of frauds. Contracts with a mixture of goods and services will have a court determine the value of goods to see if the SOF applies. The statute of limitations may deny any relief on the original contract (which is 4 years). So, we are left with the purported verbal contract of May 2014.

Could it be a reaffirmation that restarts the SOL? Could it be a separate contract based on the written one? I don't know. All I ask is:

"In 2014, how much of your contract dealt with materials? (In dollars.)"

Tranq -

I disagree with your assessment of the SoL in this matter. SoL in this case is based on the point in time that the contract is breached, not when it is entered in to. The SoL wouldn't begin to run until the end of the "summer" of 2010, in my opinion. That means that the SoL wouldn't expire until the end of the "summer" of 2014 (this year), and this year, the last full day of summer is September 21st.

 

[tranquility]

Tranq -

I disagree with your assessment of the SoL in this matter. SoL in this case is based on the point in time that the contract is breached, not when it is entered in to. The SoL wouldn't begin to run until the end of the "summer" of 2010, in my opinion. That means that the SoL wouldn't expire until the end of the "summer" of 2014 (this year), and this year, the last full day of summer is September 21st.

The timing of the breach is a problem, which is why I used "may" deny. I don't think the OP gave enough to know when the statute would run.

 

[pennsylvania]

First, many thanks for the replies! I feel very lost and frustrated with the whole ordeal!

I posted all the info I have. I have proof of check from bank. I have his contract (which I copy and pasted above - minus the contractor's name & address).

Should I try to get a lawyer or attempt in small claims myself?

Tranquility - I am not meaning to evade your questions. The contractor purchased the materials and I never seen receipts. I know it was mortar and a few other tools that would have been $300 at the most. He did not purchase scaffolding or ladder.

 

[tranquility]

Such a small amount of goods in the contract would not require a writing under the statute of frauds. (Although other state laws might require a writing. But, that would not affect your ability to sue.) Because of this, there can be a valid verbal contract or verbal amending of the written contract absent an incorporation clause or writing change clause limit in your original written contract.

Google:
"anticipatory repudiation" Pennsylvania

and see some examples of the type of letters sent in this situation. Basically, you give the reasons why you reasonably believe the contractor will not complete the contract and give him a reasonable time line to give you assurances he will complete the contract. While you may already have a breach of contract, such a letter would give you even more of a case and, perhaps, some admissions against his interest. Since the amount is not that large, an attorney might be overkill, but such a letter or legal consequences letter on an attorney's letterhead might motivate the contractor for the cost of an hour of the attorney's time.