What is the name of your state? California
My husband and I singed a contract w/a landscape desinger on May 25th at that time we gave him a deposit of $1620.00 (65%). We fired him both verbally and by e-mail on June 14th due to lack of communication. At that time we requested he send us an invoice with all his billable hours along with our refund and any drawings he had at that time. We gave him one week. He responded he needed to seek legal advice in regards to giving us any drawings.
It was 4 weeks on July 12th, and we had not heard back from him. We contacted him by e-mail and advised him that 4 weeks was ample time for him to seek advice and we expect to hear from him or his attorney w/in 48 hrs. He responded the next day telling us he is only going to give us the work he started (which is one arbor drawing) and we will be getting NO refund! And that if we did not accept this than he will be taking us to small claims to receive the rest of his money...balance of $1080.
We are more than willing to pay him for services rendered....fireplace drawing, Arbor drawing...but nothing more had been done at the time of firing. We also have from him an e-mail on June 14th stating the work that had been completed and what still needed to be done. We believe he has been working on drawings after being fired to collect more money from us.
Should we take him to small claims? In his own contract he states forgoing court and only using an Arbitrator, yet he threatens to take us to small claims? Help!What is the name of your state?
My husband and I singed a contract w/a landscape desinger on May 25th at that time we gave him a deposit of $1620.00 (65%). We fired him both verbally and by e-mail on June 14th due to lack of communication. At that time we requested he send us an invoice with all his billable hours along with our refund and any drawings he had at that time. We gave him one week. He responded he needed to seek legal advice in regards to giving us any drawings.
It was 4 weeks on July 12th, and we had not heard back from him. We contacted him by e-mail and advised him that 4 weeks was ample time for him to seek advice and we expect to hear from him or his attorney w/in 48 hrs. He responded the next day telling us he is only going to give us the work he started (which is one arbor drawing) and we will be getting NO refund! And that if we did not accept this than he will be taking us to small claims to receive the rest of his money...balance of $1080.
We are more than willing to pay him for services rendered....fireplace drawing, Arbor drawing...but nothing more had been done at the time of firing. We also have from him an e-mail on June 14th stating the work that had been completed and what still needed to be done. We believe he has been working on drawings after being fired to collect more money from us.
Should we take him to small claims? In his own contract he states forgoing court and only using an Arbitrator, yet he threatens to take us to small claims? Help!What is the name of your state?