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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27692
Experience:  Lawyer
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I had some work done on my driveway it resurfaced and new

Customer Question

I had some work done on my driveway it resurfaced and new stone. The person I am in evolved with never wanted to talk price I stated I only had 1500 dollars all he said I'll work with you. The party in evolved is stating that I said I have 4000 dollars and all he said I don't talk price in front of my guys so we never finalized the price and again he stated I work with you again I said I have 1500 dollars before the job started he mentioned he will do the dozer work for free then before the work was finished he cane to me and tried to say it is about 8000 dollars I said what no way so he quickly went down to 3000 dollars I said no way I said I only have 1500 dollars he did not finish the job he left the with the front lawn tur up the driveway not pack down so loss stone all over the driveway when my wife say it she scream what a shitty job you are not paying him I took pictures of the job after he took pictures before and after what recourses di I have if any he is taking my to curt I sign what I said was his insurance contract but never got a copy
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You have two issues in this case. First, you'll need to establish that you only agreed to pay $1,500, not the amount he is asking for. You can testify that you told him you would only be able to pay $1,500 and that he refused to discuss anything else about the price with you. The fact that he did the work after you told him that was all you could pay tends to show that he DID agree - but you still have to show that you told him that. It would help significantly if there was anyone else who heard the conversation who could testify or if you had any emails or texts that discussed price before he showed up to do the work.

Second, if he did not do the work properly, then you have a defense against paying him. The way to show that the work wasn't done properly and to get estimates showing what it will cost to finish it. If what's there has to be pulled out and redone, get estimates showing that, too. That way, you'll be able to explain to the judge why you shouldn't have to pay the contractor. But you'll need that evidence, because without it, the judge can order you to pay the reasonable value of the work that was completed. If you can make video of the area, that might help more than pictures.

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Customer: replied 9 months ago.
I don't have any witness but i do have that i was getting the work done with my state income. Tax and i only getting 1495 s i never would have said any more than that
Expert:  Lucy, Esq. replied 9 months ago.

If you can prove that and produce a record of your income tax refund, that should help. You can produce a redacted copy of the return that shows when you knew how much you'd be getting, plus a copy of your bank statement showing the deposit.