Mike from PA
New Member
- Jurisdiction
- Pennsylvania
I have an independent contractor who owed me $3,200 from a previous project in my home (money I had paid in advance but he wanted out of the remaining contract).
After 2 months of waiting, he wasn't paying me, so I offered a new arrangement where he would pay me $1,000 right away and $1,000 in 2 months-- and in the meantime he would complete a large painting job in our basement for which I would "credit" him the remaining $1,200.
He paid me the first $1,000, but he has abandoned the painting project roughly 3/4 of the way through. He told me he is done working with me because I told him that he had to work every weekday, not just when he wanted. This was spelled out in the contract he signed.
So now I have an unfinished project + $1,000 he owes me. He says he'll give me $1,000 + maybe a little more at some point. Obviously, I'm skeptical on both fronts because of many broken promises from him.
Furthermore, it will probably cost me a lot more to have someone finish his project because there are a number of places that need to be re-touched with paint plus so much paint that would need to be cleaned up off the tile floor from his messy work. In other words, even if he might have only had 1/4 of the job left, it will cost me a good bit more because of the difficulty of picking up a messy project.
My plan is to take him to small claims court for the amount he owes me ($1,000) plus the amount it would cost to hire someone to finish the work (maybe in the ballpark of ($600-800).
Here are my 2 legal questions:
1) What would be the implications of me finishing the job myself? Would I still be entitled to the "cost" of the work he had left undone. I could document this through photos and even have another contractor come in and give me a quote for the work that is remaining?
2) If I'm going to submit a civil complaint how much should it be for? Technically he has until November 30th to give me the last $1,000. So should my complaint be for the $1,200 for the paint job or perhaps the amount that another contractor quotes me to finish the job? Or should it be for both?
Thanks for any input!
After 2 months of waiting, he wasn't paying me, so I offered a new arrangement where he would pay me $1,000 right away and $1,000 in 2 months-- and in the meantime he would complete a large painting job in our basement for which I would "credit" him the remaining $1,200.
He paid me the first $1,000, but he has abandoned the painting project roughly 3/4 of the way through. He told me he is done working with me because I told him that he had to work every weekday, not just when he wanted. This was spelled out in the contract he signed.
So now I have an unfinished project + $1,000 he owes me. He says he'll give me $1,000 + maybe a little more at some point. Obviously, I'm skeptical on both fronts because of many broken promises from him.
Furthermore, it will probably cost me a lot more to have someone finish his project because there are a number of places that need to be re-touched with paint plus so much paint that would need to be cleaned up off the tile floor from his messy work. In other words, even if he might have only had 1/4 of the job left, it will cost me a good bit more because of the difficulty of picking up a messy project.
My plan is to take him to small claims court for the amount he owes me ($1,000) plus the amount it would cost to hire someone to finish the work (maybe in the ballpark of ($600-800).
Here are my 2 legal questions:
1) What would be the implications of me finishing the job myself? Would I still be entitled to the "cost" of the work he had left undone. I could document this through photos and even have another contractor come in and give me a quote for the work that is remaining?
2) If I'm going to submit a civil complaint how much should it be for? Technically he has until November 30th to give me the last $1,000. So should my complaint be for the $1,200 for the paint job or perhaps the amount that another contractor quotes me to finish the job? Or should it be for both?
Thanks for any input!