# Let it go to court or settle



## tedanderson (May 19, 2010)

You did the work, gave the guy a full refund, AND let him keep the extra material? That's a slam dunk. The judge won't be able to dismiss the case fast enough. In fact the judge might order a counter-claim from the bench.


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## Calidecks (Nov 19, 2011)

(If found liable).....

Even if you refunded all his money, you are liable for not only the refund, but the money it takes to put his home back to AT LEAST the original condition. If found liable you will have to make him whole again, which could easily cost more than your original contract amount.


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## Metro M & L (Jun 3, 2009)

Did the client provide you an opportunity to correct their problems with the work? Did the client provide any documentation of your deficiencies?


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## GTX63 (Sep 9, 2011)

To prove the mold he would have to show evidence ie photos, causes, air sampling from a qualified 3rd party , health issues, etc.


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## Contractor Joe (Sep 28, 2011)

Mullcon said:


> My business did work for someone and the job went terribly. We were supposed to have a certain number of people on site which we didn't due to unforseen circumstances we were not done in the time period in the contract as well as the work was performed subpar. We then decided to refund all of his money paid best buy gift card 200 as well as he agreed to keep the work we had done that he could keep for compensation, totalling 10k. He did not sign an agreement which I had sent him to settle, but said he would when he refund us some money for some doors we left that he could not justify keeping. He then found we left some old drywall on a wall in the basement that had some remediated mold. He claims we owe him 20k for the bath w mold and his losses, 28k. Should we let this go to court or try to settle. He is threatening us with a large law suit and criminal charges if we don't settle.


I would say that as long as you have documentation, or some sort of verified signatures on these transactions, what really could be held up in court? The materials?


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## AGullion (Apr 19, 2015)

For starters, your insurer will provide a lawyer if they get involved . 

Secondly, you need a lawyer doing as much as you are, and you need one here.

Third, he's on the take . The refund got him started , and now he wants more . 

Get a lawyer, copy of the cashed refund check, and have him work out a termination of the contract and move on.


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## beenthere (Mar 5, 2009)

I recommend you take a business course. 

Also, never do something like this without consulting your lawyer first again. He'll write up the papers, and then you have client sign them when you give/issue the refund.


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