I got told today by a subcontractor that he is going to sue me. Even though I feel I would win since he feels that some of the work shouldn't be in his problem even though it clearly says so in his contract. He didn't question any of it when he signed it so hopefully he'll reconsider. Even though I feel I would win, I have to tell you that he sent shivers down my spine when he told me that - it wasn't a good feeling hearing it. I'm sure the lawyer fees alone will be more than what he's actually suing me for, then again maybe that's what he's counting on - me settling with him instead of paying a lawyer to get out of it.
My mom, 2 of my aunts, and my uncle were sued by my other uncle and a couple "famous hunters". Things got messy and expensive fairly quickly for them, but my mom's side ended up winning after almost 2 years in court.
So just how much money are we talking about? That really would have a bearing on things. I was taken to small claims court once. I won. I suppose it didn't hurt me that the judge was also my business accountant. LOL It was over damage to embroidered Irish linen napkins the lady claimed cost $3000. I had the items sent off and tested by a lab. The lab report showed 2 different dyes had been used. No way to clean them and have them come out the same. Hallf the napkins lost all color and they were all cleaned together in a bag.
I would say about $1600. This is about how much it would cost to do the work he says isn't his responsibility - the good thing is I haven't paid him anything for the job yet, and won't until he either takes care of it or hires someone else to do it.
$1,600 is small claims court..........you don't even need a lawyer. A contractor cut some trees down on my property (said he didn't know where the property line was)..........I got a tree specialist to give me an estimate of the value and went to court. They brought another tree specialist to court and said the trees had no value because 25% of the root bed had been damaged by a ditch they dug nearby. I asked the "specialist" if all trees that have 25% root bed damage have no value and he said yes.............then I asked him if all trees brought home from a nursery have no value and he answered "of course not.....if they are healthy they have full value"........when I asked him how much of the root bed a nursery damages when moving trees he wouldn't even answer me until the judge made him. He started to argue with the judge who responded......"you are either guilty of perjury or incompetence, take your pick because neither is flattering but one is a crime" Kinda funny but really sad how so many people will say anything to get paid. I only got like $3,000 after I paid for my estimates and had to travel to court in the city multiple times before the trial. Settle it somehow if you can because going to court blows.
Personally, I would pull his name up on Minnesota Courts Online and see if he has ever sued anyone else. He might be one of those that does this for a living (do part of the work and sue to get paid in full). $1,600 is small claims and you won't have to hire an attorney. If you have a contract showing it is his responsibility, I wouldn't fret it too much.
Well, you know the whole story. Just make sure you don't back yourself into a corner and get the whole project tied up in court. Every month it is cost you money. I'd be inclined to say I'll take care of it but I'm docking your check $1600. Another thing....do you ever expect to do business with this guy again? I would think not. I'd settle it and move on. If the contract is good he can't take you to court and expect to win. The guy I sold my business to put down almost 50 percent. Then I held the paper for 8 years. He made every monthly payment for 8 years. When it came time for the last payment I sent him a reminder that it was a few dollars less than usual. He said, "I'm not making the last payment. The equipment wasn't as good as you said it was.". LOL After talking to my accountant I told the guy fine. The lean is still on file at the court house. Someday he's going to want that cleared up I expect. LOL $3600 dollars worth of squirm coming his way. LOL
About 20 years ago, my ex-employer sued me over a non compete employment agreement. Wisconsin doesn't think to highly of these contracts, therefore I eventually won the case, but then he was stalling on paying me tens of thousands of dollars of commissions that the court ordered. After a few months, I put a judgement on his bank account, literally locked it up. Well, it seems he was trying to close on a new house at the time and was trying to sell his old house and the people who were handling the closing saw this and said NO NO, no can close with this judgement on the bank. You'd be suprised how fast I got a check from his attorney, LOL !
