Dear Legal Beacon,
I proceeded with your information and this guy has filed a suit against me. Copies attached. My questions are as follows.
1. Shall I opt for Jury trial or judge trial?
2. Is the onus of proving unsatisfactory work on me?
3. Any recommendations on how should I present my case to the judge/jury.
4. Do you think there is any breach of contract that happened as he is claiming?
5. If he tries to skew the oral conversation, it will be his word against mine. How does the judge proceed in these settings?
Thanks for your help
Dear legal beacon,
I have attached the original contract in the posts above. Can you please take a look at that?
My whole point is that I hired him on a day-to-day basis and he is saying that since the contract says "provide labour for the completion of" it means that I cannot fire him without reason. In this event, will the burden of proof come on me.
I am saying that "provide labour for the completion of" does not mean the whole house. The scope was undetermined. Since the contract is at best ambiguous and was crafted by him, so I should be given the benefit the doubt and the contract be interpreted as day to day.
Secondly, since there was another painter working there throughout the duration that he was, question of exclusivity does not arise. Does this point support my case?
Thanks and I really appreciate your help!
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