Robert C. May's Answers

Our contractor destroyed our property in the middle of a project. We let him go, can he bill us for the work he has done?

Yes. You can file a countersuit against him under basic principles of contract law. You are entitled to the benefit of your bargain, which in this case is cash in exchange for a wall. If he has not provided the wall, you don't owe him the cash. In fact, you are entitled to a return of whatever you paid him, plus any money you have to spend to get your property back to the value it was in before he touched it. As a Pennsylvania resident, you have additional protections. First, you are...

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I put a stop payment on a check for services received but not completed.

Pennsylvania law permits you to stop payment if you reasonably and in good faith believed that this was covered under warranty against defects in the first 12 months. You should get a second opinion from another A/C service as to whether you are correct in your belief that this was a defect covered under warranty. If so, then you are entilted to parts and labor to fix the defect, as well as to the insulation - all at no cost. if not, then you have to pay them, and get someone else to...

Can I sue for faulty installation of a heating/air conditioning geothermal heat pump, 10 years after initial installation?

You can always sue in Pennsylvania for this sort of problem, and, in particular, since you have less than $8000 in damages, you can sue in small claims court in the community in which you live. You may lose this particular case due to the statute of limitations. Generally, a breach of contract has to be brought within 4 years of the breach of the contract. In this case, the breach occurred 10 years ago. Unless the contract contains some unusual clauses such as an extended warranty, your...

: "How do I get a default judgement for not filling an answer removed or opened?"

There are 2 Rules which may govern. If you Petition to Open the Default judgment within 10 days after the entry of the judgment on the docket, you simply file a meritorious Answer to the Complaint. The Rules provide that the Court will open such a default judgment. A meritorious Answer is simply the Answer you would have filed prior to the default judgment. In other words, you must simply have an Answer to the Complaint. If more than 10 days have elapsed, not only do you have to file a...