Norminn wrote:

clipped

Against my desire to go to his place of business and tear his white
trash, racist head off, I instead decided to follow the legal route.
I called the cops, filed a report on the threat and will proceed to
file a restraning order in a day or two when I have the chance.

So, my question is: Is it ok to withold part of the payment due him
to cover repair costs? He has insurance that I may use but I'm still
going to hold the bal until repairs are completed to my satisfaction.
You know how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA


Did he give a written bid prior to doing any work?
Yes


If so, is there a
statement about damages?
No


Removing waste?
Said waste would be removed


First, I would file a complaint against his license, if he has one. Then
file claim for damage and cleanup with his insurance co. Then I would
check with an attorney about withholding payment and recording the
call. Write out what transpired and take photographs of damage and the
mess he left. Folks here who do lawn/landscape work are required to
remove waste and take it to the dump - homeowners who do their own work
can leave it at the curb (in manageable bundles) for the city to pick up.

I guess a person can risk going to small claims court without attorney
advice, especially with photos of damage and the mess he left, but I
would not advise anyone one way or the other on that point.