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Had a contractor dig a pond for me 2 years ago and will not…

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Had a contractor dig a...
Had a contractor dig a pond for me 2 years ago and will not hold water. I had no contract but did pay him. he will not fix it saying thats the chance you take when digging ponds.
can i sue him or a waste of time
Submitted: 8 years ago.Category: Legal
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6/11/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



When did you find out that the pond was defective? This is important. And how much did you pay him?





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Customer reply replied 8 years ago

I found out a month or so after it holds about 4 feet of water so I guess you could say it is holding some water but still about 5 feet to short of the top

paid 2500.00

Lawyer: Ely, Counselor at Law replied 8 years ago
Okay, thank you for that information, and lastly, what state are you in?
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Customer reply replied 8 years ago
ohio
Lawyer: Ely, Counselor at Law replied 8 years ago
Actually you still have time. You have four years to file, and you should. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: breach of contract, fraud, and negligence.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



In the end, the small claims court Judge decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

















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Customer reply replied 8 years ago

even without a contract i can take him to court?

 

Lawyer: Ely, Counselor at Law replied 8 years ago
This was all verbal?
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Customer reply replied 8 years ago

yes

 

Lawyer: Ely, Counselor at Law replied 8 years ago
Per 2305.07, you still have time - 6 years. Contract in writing is actually 15. I was quoting four years for fraud.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”

















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