chryssie24
Junior Member
What is the name of your state (only U.S. law)? Michigan
Long story short.
My mom's house has been sitting for 3 years paid off. Mold took over the basement. Mom is letting me move in the home. I am currently pregnant and living with grandparents until home is ready to move in. Due date is 8/27. Will have a c section 8/21.
Contract signed June 18 with $500 down payment with a licensed contractor to:
-remove moldy debris from basement
-treat and clean mold
-remove moldy drywall/2x4s
I am to:
-provide chemicals to clean mold when he is ready for them
-provide dumpster (dumpster was provided June 19)
Total cost: $2500 (before $500 down)
Payments to be made middle of every month until paid in full
Was told by contractor work would be completed within 2 weeks. Key to home was provided since no one lives in home.
June 28-email sent to check on status. Contractor replies haven't been to home due to mother's health problems but will try to get to the home the following week.
July 7-after no update, response or anything, I send a demand letter via email requesting the down payment be returned along with key to home. Will file lawsuit if no reply by July 17. Also family members clean out moldy debris from basement and place in dumpster which has to be returned.
July 15-contractor shows up to home unannounced and starts working while myself and family are working on the upstairs. He states he's been to the house everyday. (LIE) No work was started until July 15 and 16. He demands money for monthly payment.
July 16-email received requesting dumpster be emptied. I responded that dumpster has been returned to owner and unable to rent another at this time.
July 18-email received demanding money, garbage bags, dumpster and chemicals. I responded saying consider his self paid in full. Work should have been completed, dumpster wasn't used for the intended purpose and family members did work he is contracted to do.
July 30-email received threatening to be sued for non payment. Says work would've been done if dumpster was in place. I didn't reply.
August 3-contractor shows up to home and sits in driveway. Grandmother speaks with him says he knocked $500 off and will be back periodically to remove 2x4s from basement and to spray chemicals. (consider that as payment for the month of July)
August 6-locks changed to home. Had another licensed contractor check basement and was told 2x4s are not contaminated with mold, some of the drywall was fine, no chemicals have been sprayed.
August 15-contractor comes to my grandparents home (not sure how he found out where we live) Starts a verbal argument with my grandparents (who are both almost 80 years old). Contractor refuses to leave until he is paid. Mom calls police and blocks him in. Police force him to leave property and return key. He states in front of the cop "I don't even know what key it is..." and "This is why I don't do work for "you people"..." Received another email saying he'll see us in court and that he is contacting the health department. Also will place lean on home.
Everything is documented through email. I had a relative record audio/video of him arguing and refusing to leave. Police report filed. All receipts for locks and dumpster are available. Still have contract from June 18.
ALSO: water meter was broken, bathroom destroyed (walk in shower doors broken and removed, plumbing broken, toilet broken, vanity taken apart, sink broken, floor tile broken)
I feel like I've been more than patient with this man. Allowed him to do work even after being denied a refund. He works 2 days and disappears but demands more money and supplies that aren't in the contract. Then shows up at my grandparents home and refuses to leave?!
Would I be able to sue this idiot for the complete inconvenience of this contract gone bad?
If he files suit first, can I countersue?
Does he have a case?
What can I sue/countersue for?
What does the health department have to do with anything?
Long story short.
My mom's house has been sitting for 3 years paid off. Mold took over the basement. Mom is letting me move in the home. I am currently pregnant and living with grandparents until home is ready to move in. Due date is 8/27. Will have a c section 8/21.
Contract signed June 18 with $500 down payment with a licensed contractor to:
-remove moldy debris from basement
-treat and clean mold
-remove moldy drywall/2x4s
I am to:
-provide chemicals to clean mold when he is ready for them
-provide dumpster (dumpster was provided June 19)
Total cost: $2500 (before $500 down)
Payments to be made middle of every month until paid in full
Was told by contractor work would be completed within 2 weeks. Key to home was provided since no one lives in home.
June 28-email sent to check on status. Contractor replies haven't been to home due to mother's health problems but will try to get to the home the following week.
July 7-after no update, response or anything, I send a demand letter via email requesting the down payment be returned along with key to home. Will file lawsuit if no reply by July 17. Also family members clean out moldy debris from basement and place in dumpster which has to be returned.
July 15-contractor shows up to home unannounced and starts working while myself and family are working on the upstairs. He states he's been to the house everyday. (LIE) No work was started until July 15 and 16. He demands money for monthly payment.
July 16-email received requesting dumpster be emptied. I responded that dumpster has been returned to owner and unable to rent another at this time.
July 18-email received demanding money, garbage bags, dumpster and chemicals. I responded saying consider his self paid in full. Work should have been completed, dumpster wasn't used for the intended purpose and family members did work he is contracted to do.
July 30-email received threatening to be sued for non payment. Says work would've been done if dumpster was in place. I didn't reply.
August 3-contractor shows up to home and sits in driveway. Grandmother speaks with him says he knocked $500 off and will be back periodically to remove 2x4s from basement and to spray chemicals. (consider that as payment for the month of July)
August 6-locks changed to home. Had another licensed contractor check basement and was told 2x4s are not contaminated with mold, some of the drywall was fine, no chemicals have been sprayed.
August 15-contractor comes to my grandparents home (not sure how he found out where we live) Starts a verbal argument with my grandparents (who are both almost 80 years old). Contractor refuses to leave until he is paid. Mom calls police and blocks him in. Police force him to leave property and return key. He states in front of the cop "I don't even know what key it is..." and "This is why I don't do work for "you people"..." Received another email saying he'll see us in court and that he is contacting the health department. Also will place lean on home.
Everything is documented through email. I had a relative record audio/video of him arguing and refusing to leave. Police report filed. All receipts for locks and dumpster are available. Still have contract from June 18.
ALSO: water meter was broken, bathroom destroyed (walk in shower doors broken and removed, plumbing broken, toilet broken, vanity taken apart, sink broken, floor tile broken)
I feel like I've been more than patient with this man. Allowed him to do work even after being denied a refund. He works 2 days and disappears but demands more money and supplies that aren't in the contract. Then shows up at my grandparents home and refuses to leave?!
Would I be able to sue this idiot for the complete inconvenience of this contract gone bad?
If he files suit first, can I countersue?
Does he have a case?
What can I sue/countersue for?
What does the health department have to do with anything?