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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27377
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a contract in hand that I did not sign, but made payment

Resolved Question:

I have a contract in hand that I did not sign, but made payment to the company for work to begin on my project. The work they performed was so incompetent that I refuse to give them one more cent to continue completing the project. Can I sue for breach of contract if the work they did has taken an excessive amount of time, ( 7 months) to ultimately create 5 pages of text that was so poorly written it is embarrassing to actually present professionally?

Thank you
David
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Yes, if they failed to live up to the terms of a contract, oral or written, then you can sue for breach of contract.

Dwayne B. :

Did you have additional questions?

Customer:

What is the best way to do that in PA, small claims court? I gave them 4,000.00. It took them 5 months to write 4 to 5 pages, and then I corrected the pages, it took them another 2 months to just retype in my changes and send me the draft. I think its a slam dunk, just show a judge what I received for 4,000 and how long it took for me to get it. They want another 2,000 to complete the project, can they sue me for breach if I refuse to pay, even though I did not sign the contract.

Dwayne B. :

They can sue you for breach just as you can sue them for breack. If they sue you, you can countersue as well or vice versa.

Dwayne B. :

Let me check on thing.

Dwayne B. :

Yes, the limit in small claims court in PA is $12k so that would likely be the best approach or you can hire a lawyer and let them do it and then sue for your attorney's fees as well.

Customer:

Can they sue me for not paying them to complete? They want another 2,000

Dwayne B. :

If the defendant is a corporation then they are required to have an attorney if the amount is more than $2500.

Dwayne B. :

Yes, they can sue for the $2000.

Customer:

hummmmm. I doubt they would for such a small amount, but ya never know. How much can I get for damages do you think in small claims if I can prove that they delayed my entire project as I was waiting for them to do what they were contracted to do? I could sue for the 4,000 back and then 8,000 in damages? I am finding out they are very misleading and secretive about their wotk.

Dwayne B. :

It is hard to say. You could recover what your actual damages are but the burden of proving those is up to you.

Customer:

OK. How much would a small claims attorney cost, approx?

Customer:

for Pittsburgh PA

Dwayne B. :

Rough estimate, $1500-2500.

Dwayne B. :

That would be the retainer, the actual cost could be higher or lower.

Customer:

OK, I think its a very easy case to prove, its a simple contract and they simple do awful work. I sent the work they gave me to another company that does similar work and they were in shock and laughed at it. Would I just google for some attorneys or are there some references Just Answer can provide?

Dwayne B. :

We can't give referrals but you can look on www.lawyers.com or just use Google. You won't have any problem finding a lawyer to handle this.

Customer:

awesome. I appreciate the info. I have signed up for a free trial here on Just Answer as I begin to go through this process. So I may be chatting with you again.

Dwayne B. :

Great. If you have another question just start it with FOR DWAYNE B and I'll pick up. Also, be sure and issue a Positive Rating so I get credit for my work.

Dwayne B. :

Best wishes to you on this!

Dwayne B., Lawyer
Satisfied Customers: 27377
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Dwayne B. and 5 other Consumer Protection Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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