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General Contractor Suing us for Not Paying Surprise Charges

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mischa88

Junior Member
What is the name of your state (only U.S. law)? Virginia

Our contractor is suing us for ~$2500 because we refuse to pay a portion of our final invoice for a kitchen reno that went bad.

We have paid the initial quote, plus all change orders and written add-ons. The surprise charges added at the end are for a list of ”work" that is either incomplete or contains damaged parts, or we just never agreed to it (no change order).

The entire renovation journey was absolute hell from start to finish, although I know what matters in court is facts not feelings. I have photos of unfinished / damaged areas of the kitchen. While the damages (example: placing wood scraps on top of the cabinets to raise them by an inch to match the back wall - something we would never agree to!) may be viewed subjectively by some, we are absolutely mortified by the shoddy work. It would cost us $4000+ to replace the botched cabinets. Additionally, we wanted cabinet lights and toe lights, but the contractor did not add this and covered the wiring so it will cost us an extra $1000+ (on top of what was quoted) do get it done by someone else because they would need to rip through the wall. Also, we received a surprise bill for garbage removal, something we were never told about in the initial quote and something we would never agree to had we known he would charge $500, and half the garbage was not even removed. The contractor has no change orders for additional items he is overcharging for. We feel the contractor is a scam artist who does this on a regular basis, has a legal process in place and knows what he is doing in court. What can we do to fight this? Should we counter-sue for damages?
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Virginia

Our contractor is suing us for ~$2500 because we refuse to pay a portion of our final invoice for a kitchen reno that went bad.

We have paid the initial quote, plus all change orders and written add-ons. The surprise charges added at the end are for a list of ”work" that is either incomplete or contains damaged parts, or we just never agreed to it (no change order).

The entire renovation journey was absolute hell from start to finish, although I know what matters in court is facts not feelings. I have photos of unfinished / damaged areas of the kitchen. While the damages (example: placing wood scraps on top of the cabinets to raise them by an inch to match the back wall - something we would never agree to!) may be viewed subjectively by some, we are absolutely mortified by the shoddy work. It would cost us $4000+ to replace the botched cabinets. Additionally, we wanted cabinet lights and toe lights, but the contractor did not add this and covered the wiring so it will cost us an extra $1000+ (on top of what was quoted) do get it done by someone else because they would need to rip through the wall. Also, we received a surprise bill for garbage removal, something we were never told about in the initial quote and something we would never agree to had we known he would charge $500, and half the garbage was not even removed. The contractor has no change orders for additional items he is overcharging for. We feel the contractor is a scam artist who does this on a regular basis, has a legal process in place and knows what he is doing in court. What can we do to fight this? Should we counter-sue for damages?
Yes, you can countersue for damages.

Get together all of the documents that you have to support your countersuit and to argue against the additional charges. You will want to take photos of the work that has been done by your contractor (before and after photos are helpful) and you should get written estimates from other contractors as to how much it will cost to repair what your contractor "botched." If your contractor does not have a signed "change order" agreement with you, he will be hard-pressed in court to support his additional charges.

Good luck.
 

mischa88

Junior Member
Yes, you can countersue for damages.

Get together all of the documents that you have to support your countersuit and to argue against the additional charges. You will want to take photos of the work that has been done by your contractor (before and after photos are helpful) and you should get written estimates from other contractors as to how much it will cost to repair what your contractor "botched." If your contractor does not have a signed "change order" agreement with you, he will be hard-pressed in court to support his additional charges.

Good luck.
Thank you Quincy. Since I have no experience in this area whatsoever, do you know if the counter-suit would take place on the same court date and time as the initial lawsuit hearing? Or would it be a separate case altogether? Is this something we can file online easily? Thanks again for your help.
 

quincy

Senior Member
Thank you Quincy. Since I have no experience in this area whatsoever, do you know if the counter-suit would take place on the same court date and time as the initial lawsuit hearing? Or would it be a separate case altogether? Is this something we can file online easily? Thanks again for your help.
Here is a link to Virginia's Court Rules (see Rule 3:2 for Commencement of a Civil Action and see Rule 3:9 for Counterclaims): http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf

Or you can use this link: http://www.courts.state.va.us/courts/scv/amendments/06_14_05_rules_changes.pdf

The court can, at its discretion, order a separate trial for any cause of action asserted in a counterclaim.

You will want to become familiar with the rules that apply to your court action, or you can seek out legal assistance in your area.

Good luck.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Virginia

Our contractor is suing us for ~$2500 because we refuse to pay a portion of our final invoice for a kitchen reno that went bad.

We have paid the initial quote, plus all change orders and written add-ons. The surprise charges added at the end are for a list of ”work" that is either incomplete or contains damaged parts, or we just never agreed to it (no change order).

The entire renovation journey was absolute hell from start to finish, although I know what matters in court is facts not feelings. I have photos of unfinished / damaged areas of the kitchen. While the damages (example: placing wood scraps on top of the cabinets to raise them by an inch to match the back wall - something we would never agree to!) may be viewed subjectively by some, we are absolutely mortified by the shoddy work. It would cost us $4000+ to replace the botched cabinets. Additionally, we wanted cabinet lights and toe lights, but the contractor did not add this and covered the wiring so it will cost us an extra $1000+ (on top of what was quoted) do get it done by someone else because they would need to rip through the wall. Also, we received a surprise bill for garbage removal, something we were never told about in the initial quote and something we would never agree to had we known he would charge $500, and half the garbage was not even removed. The contractor has no change orders for additional items he is overcharging for. We feel the contractor is a scam artist who does this on a regular basis, has a legal process in place and knows what he is doing in court. What can we do to fight this? Should we counter-sue for damages?
I agree with the advice you have already been given, IF he actually sues you. I do not think that he will, because I am pretty sure that he knows that he would lose a lawsuit. I think that what he will do is put a contractor's lien on your house and just leave it there, hoping that you will get frustrated and pay him off just to get rid of the lien. Therefore, it may be necessary for you to be the one to file the original lawsuit, suing him for the shoddy work and for putting a contractor's lien on your house. Both of my brothers are in the construction industry and that is a very common tactic for shoddy contractors to use.
 

quincy

Senior Member
I agree with the advice you have already been given, IF he actually sues you. I do not think that he will, because I am pretty sure that he knows that he would lose a lawsuit. I think that what he will do is put a contractor's lien on your house and just leave it there, hoping that you will get frustrated and pay him off just to get rid of the lien. Therefore, it may be necessary for you to be the one to file the original lawsuit, suing him for the shoddy work and for putting a contractor's lien on your house. Both of my brothers are in the construction industry and that is a very common tactic for shoddy contractors to use.
mischa88 says that the contractor "is" suing, which indicates a suit has been filed already (and which also seems supported by the question about a counterclaim). Perhaps a clarification by mischa88 would be nice.

Here, by the way, is a good link to Virginia's mechanic's lien law (provided only for its thoroughness): http://www.fullertonlaw.com/mechanic-s-liens-in-virginia
 
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