I paid a contractor to redo my master bath. After a series of comments about how bad it looked, I stopped payment on final check. Work is not up to workmanship standards. My shower pan is plywood with tile on top.
I notified him he can pick up final check, at lawyers office. If he does I'll sue Him for his labor around 3600. He's refusing to come get check, and now we have a court date.
is there still a way I can get out of not paying this guy? I'm worried judge will side with him
And make me pay him.
Get an estimate from another contractor regarding the work that was not done properly as to how much same will cost to fix and how it does not conform to what the contract called the original contractor to do. The new contractor may need to testify in Court to support your case and establish the monetary value of your damages.
You need to get an expert witness to testify that your contractor's work was not within standard practice. You don't state whether this is in small claims court. That may make a difference in the amount of evidence you can provide to the court. Your lawyer should be able to advise you whether withholding payment is justified. It might be better to ask him to repair the shower pan area you dispute and then provide payment.
This response does not establish an attorney client relationship. This response is asserted soley for the purpose of providing general information based on the limited facts asserted.
Well, NOW you have to sure him for what you are claiming against him. It will be a compulsory counterclaim. If you don't file it, you will lose the right to do so later. You already have an attorney holding the check, I sugggest that you show that attorney the lawsuit and have him or her resolve or handle it for you.
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