On Sep 22, 8:03*am, Van Chocstraw
wrote:
wrote:
I had a one-man company do repair work on my house. We have a contract
saying what he will do and for how much. When his workers said they
finished, he and I looked and agreed orally that they didn't finish.
We also agreed orally that they broke something. *He said he would
finish and fix everything. *I paid him all but $350. *I didn't hear
back for two weeks. *I called once a week for the next three weeks and
left voice mails. *I still didn't hear back. *The contract does not
have a time limit. *I can finish the work and fix the broken thing
myself for a tenth of $350.
What do you think I should do?

Call a lawyer or he will take you to court for the $350 AFTER YOU finish
the work.

Calling a lawyer isn't going to do anything to prevent him from taking
you to court if he decides to do so, which is unlikely.

I think after waiting 5 weeks and trying to contact him numerous
times, he has breeched and you are justified in finishing the work
yourself. The amount you are legally entitled to keep however, may
not be the $350. It would be what it actually costs to complete the
work. Make sure to take pics and keep all bills. Then, I would not
worry that he is going to sue you. If he does, it will be in small
claims and the most you could lose is the $350 plus maybe another $50
in court costs. The chance he will sue is small and the chance you
would lose is even smaller.

If you want an additional measure of protection, send him a letter two
ways, one with a return receipt proving delivery and one regular
mail. The regular mail one is to cover the possibility that he will
not sign for a letter. In the letter tell him he has one week to
finish or your are keeping the $350. Also keep any phone records that
you have showing the number of times you called his number.