They felt it was excessive. For example, they did not feel the trim or all of the walls needed painted.
The contract says "Upon adjustment of Owner's insurance claim, the value of such claim shall become the contract price, with the addition of any insurance supplements or additional costing of required work/materials. The value of such claim will be determined by current/local Xactimate pricing for all applicable line items, per industry standards. Please note that until your insurance claim is adjusted, price may be listed as 'To Be Determined.'"
While I do not personally have his threats in writing, I do have several material witnesses to the events, including but not limited to
1) My general manager who received these threats against my company personally
2) My painter, who had to call the police for the homeowner to give him back his tools. It is worthy of noting that he hired the painter for some additional work outside of our contract, and refused to pay him anything over the deposit once the work was complete. On top of that, he sent in writing (which I do have) that his expensive tools would not be returned until the homeowner had a check in hand for $300 refunding his deposit.
3) A police report was filed, where the homeowner promised in front of the officer to destroy my company and trash our reputation via Facebook
4) Another homeowner in the neighborhood informed us today that this very same homeowner did this to another contractor and never paid him for the extra work he had him perform.
5) An HVAC mechanic who told me that the homeowner wants everything for nothing
and 6) last but not least, the insurance adjuster has sided with me stating that the homeowner should have never promised us the insurance was paying for things that he did not yet have in writing. Furthermore, he needs to pay us for the extra work we have done. He has watched this homeowner try to get his entire house renovated by the insurance company for non-insurable reasons.
BotXXXXX XXXXXne, I am curious if enough material witnesses to his misconduct could help to secure a verdict.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).