You can pay the additional amount and sue them both for the monies. What you do is file suit against them both in the alternative - that one of them owes for the repairs and one owes for your additional expenses.
One of them isn't telling the truth - but it's really not your problem - it's between them.
As to submitting additional expenses - I would submit those to the court in which you file suit against them both.
I would immediately file a civil suit against both of them tomorrow - before I did I would call them both and tell them that's what your going to do if this isn't resolved by the end of the day. Too, I would inform them both that you are asking for the additional costs and expenses incurred in the matter.
Then, if they don't have the matter resolved - file suit.
How much money are you talking about?
Ok, we are striaght now. I didn't have to sue them just have the attitude to sue. That seemed to do the trick. After getting both parties on the phone with the "take-no-bull" approach, everybody found what was needed. Thanks for the information.
Darrell
Attorney
19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law