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I'm suing a contractor for breach of contract - he refused…

I'm suing a contractor...

I'm suing a contractor for breach of contract - he refused to honor the contract we had in writing. I'm suing for the difference between his contract estimate and the contract of another contractor, which was $450.00 more. Now they are subpoenaing (duces tecum) the following: "Contract relevant to this complaint. (Shouldn't they have one of their own contracts?. List of damages for which payment is sought (this was on the warrant in debt I sent them). List of dates associated with each transaction and/or service for which damages are sought (what does this even mean?). List of charges for each transaction and/or service for which damages are sought.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

!)Proof of payment for each transaction and/or service for which damages are sought. Copies of all original estimates and/or contracts submitted by all contraqctors and/or companies at the request of the plaintiff for the repair work tothe plaintiff's rental property relevant to this complaint (do I have to give them that? - do I even have to have any?). Dates and method of communicaiton used with all contractors/companies that the plaintiff requested to submit a bid for the repair work on the plaintiff's rental property. 8) Means by which the plaintiff determined the amount of damages owed. Can you please be specific about each sentence and tell me whether I have to produce this information, and where I asked what this means, please tell me what it is they're looking for and how to respond? Thanks.

Lawyer's Assistant: Has anything been filed or reported?

You
I'm suing a contractor for breach of contract - he refused to honor the contract we had in writing. I'm suing for the difference between his contract estimate and the contract of another contractor, which was $450.00 more. Now they are subpoenaing (duces tecum) the following: "Contract relevant to this complaint. (Shouldn't they have one of their own contracts?. List of damages for which payment is sought (this was on the warrant in debt I sent them). List of dates associated with each transaction and/or service for which damages are sought (what does this even mean?). List of charges for each transaction and/or service for which damages are sought.Pearl Wilson, Lawyer's Assistant
Since laws vary from place to place, what state is this in? And when was the warrant issued?
You
!)Proof of payment for each transaction and/or service for which damages are sought. Copies of all original estimates and/or contracts submitted by all contraqctors and/or companies at the request of the plaintiff for the repair work tothe plaintiff's rental property relevant to this complaint (do I have to give them that? - do I even have to have any?). Dates and method of communicaiton used with all contractors/companies that the plaintiff requested to submit a bid for the repair work on the plaintiff's rental property. 8) Means by which the plaintiff determined the amount of damages owed. Can you please be specific about each sentence and tell me whether I have to produce this information, and where I asked what this means, please tell me what it is they're looking for and how to respond? Thanks.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm sorry - I sent a long message - did you get all three sections? To answer your quesitons, I took out a warrant in debt against them, I asked for a Subpoena duces tecum, they responded with a motion to quash, but never submitted their response to the subpoena, so I'm going tomorrow to file a show for cause. Their MTQ has no hearing date for the Motion, so the court is presuming that it will be heard on the same date as the hearing of the case, whichis an untenable situation for me, because if I'm successful in defending against the motion, I still will have no time to familiarize myself with the information I receive, in order to use it on the same date for the hearing of the actual case.. I'm in Virginia.

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Customer reply replied 4 months ago
Your system isn't allowing me to edit the price. I can't afford the price you propose - I've spent a lot of money to get to this point, with court costs and the cost of advice for what has come before. I was hoping at the end of this to come away with something that makes all of this worthwhile. I could afford $25.00, and I have a little time - a few days to a week, so the rush factor is not a concern. Thank you for whatever you can do for me. I just need accurate answers to each of these demands, but necessarily fast ones.
Answered in 3 hours by:
1/3/2018
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,429
Experience: Practicing Attorney with 10 years experience
Verified

1. You should provide the Contract. They should have it but providing it is not an issue.

2. A receipt or invoice for the new contractor is fine.

3. The receipt for the new contractor is fine.

4. Same as above.

5. You can show this i.e. a copy of the check or proof of payment.

6. No you don't have to provide something you don't have.

7. Any email or texts would suffice.

8. Just a copy of the new contractor's receipt or invoice.

I hope this helps.

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Customer reply replied 4 months ago
I'll check this against what they've requested, once I get home. I think I may have a question or two.

Sure. Happy to help.

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Please let me know if you have any additional questions, otherwise a positive rating would be greatly appreciated.

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Customer reply replied 4 months ago
Asad Rahman
Business Lawyer
1. You should provide the Contract. They should have it but providing it is not an issue.
*It may be an issue since, if I sent it, it would document that there is an LLC logo on it that I missed, and it may document other things I don't know if I want to document. My question was, do I have to send it if I have it, or can I say they should have one?2. A receipt or invoice for the new contractor is fine.
*What about court costs, attorney's fees, and interest?3. The receipt for the new contractor is fine.
Thanks.
4. Same as above.
Thanks
5. You can show this i.e. a copy of the check or proof of payment.
Thanks.
6. No you don't have to provide something you don't have.
I meant, do I HAVE to provide this and if not, does it negatively affect my case if I don't. Also, I would like an answer to my question about whether or not I am REQUIRED to have gotten other estimates.
7. Any email or texts would suffice.8. Just a copy of the new contractor's receipt or invoice. Waht about court costs, attorney's fees and interest?
Customer reply replied 4 months ago
Please answer just numbers 1, 2, 6, and 8. Thanks for your help.
Customer reply replied 4 months ago
Also, on #7, I did have a verbal estimate.
Customer reply replied 4 months ago
Also, am I entitled to other damages, such as gas money to go to these court sessions and pay for lost time from work and compensation for having to go through this, for instance?
Customer reply replied 4 months ago
postage?

1) Just b/c you don't like its effect on your case is not reason. They can compel it then in court.

2) Yes.

6) Not providing things you have can make you look bad and they can get sanctions against you for failing to do so.

8) Yes.

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Missed time for work is fine.

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Customer reply replied 4 months ago
Again, 1) am I REQUIRED to have other estimates? and, 2) Do I disclose a verbal estimate? I have from the beginning intended to disclose all this information to the court. 3) I just am not anxious to help them by giving them information they may use against me in any way I don't have to BEFORE court, so MUST I send a copy of the contract? They clearly have a reason for asking for it, that they intend to use against me. CAN I just say that they should already have a copy, and then show it in court, without damage to me case?

You are not required to get other estimates but you are required to mitigate your damages to the best of your ability. 2) Yes, you should but it cannot just be an affidavit by you saying you got that estimate. 3) I understand but that if it comes up in another way then you could be paying the attorney fees for the motion to compel.

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Customer reply replied 4 months ago
Any ideas how else to report a verbal estimate? I'm trying to remember the name of the person who gave it to me now. It is my experience here that most people just come to the job, give a verbal estimate, and then formalize it with a contract or written estimate if the estimate price is agreed on.

Just get something in writing from them. Otherwise you can just state it and if the other side questions it you can have them submit subpoenas duces tecums to the named parties.

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Customer reply replied 4 months ago
Thank you, ***** ***** This information has been very helpful to me! Have a good weekend!

Good luck to you. A positive rating would be greatly appreciated.

Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,429
Experience: Practicing Attorney with 10 years experience
Verified
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Asad Rahman
Asad Rahman
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Category: Business Law
Satisfied Customers: 2,429
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Experience: Practicing Attorney with 10 years experience

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