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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I have a contract for riveway/curbing/sidewalk work to be

Customer Question

I have a contract for riveway/curbing/sidewalk work to be done at my personal residence in NJ. The proposal stated how much each would cost. Work was started and immediately the contractor was informed that the work was not being done to my satisfaction, however the work continued. After the second day I called the contractor to the property, showed him the areas of unsatisfactory work and asked to get a price to either make changes, or get out of the contract. He could not provide either. Therefore work was stopped on the project. A week later, three phone calls were made to the contractor inviting him back to the property to discuss changes I wanted to make. He did not respond to any of the three messages. I finally requested a final invoice, and three weeks later it was received. There was no itemization on the invoice, just the amount of the project, less the deposit made when work was started, less credit for unfinished work. I asked the contractor to give me a breakdown of the credit for unfinished work and he could not do that. Therefore based on the itemization on the proposal, I told the contractor, in writing, what I was paying for and gave him sufficient reasons as to why I was making the adjustments. I mentioned 3 times in my letter that this was my settlement and marked my check paid in full. The contractor cashed my check, and is now billing me for the balance with interest. Please offer your comments and advice. Thank you.
Submitted: 7 months ago.
Category: Legal
Expert:  MIAMILAW1127 replied 7 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You seem to have very valid disputes as to the payment of the full bill due to the work. Hopefully, you have documented your previous attempts to work out the matter with the contractor.

Regardless, if you sent the contractor the check with notice that it was for full payment should he cash it, and he did cash it, then he will have a difficult time collecting on whatever balance he perceives to be owed. He would have needed to not cash the check and file suit against you if he was going to dispute the amount.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.