We've been sued for Breach of Contract
by a local house restoration/water mitigation company. This company did not fulfill their contract
of service, removing themselves (I have emails and phone calls with them stating this) twice and never finishing. Then, instead of an invoice for the small amount of work they did do, which was absolutely necessary for our reporting for insurance
claim purposes, they provided us as "estimate". When we indicated the estimate was inaccurate, the owner of the company concurred and indicated (email and phone, which I have recorded) that if we were to provide them what we saw as errors, they'd remedy and generate a new draft and eventually invoice.
We responded with a few glaring errors and received no response, no redraft. We then asked for their notes, imagery, and supporting information on our file, for the purpose of comparing notes to reach an agreement on an "invoice" to pay from and file for our claim. The requests went either ignored or opposed and the company rep indicated they would only give us this sort of information if we sent them a good faith payment of $5000, when the errant estimate was for a total of $11,5k. I refused any payment until we reached an agreement and had an invoice. They never replied, until 18 months later when we were served their compliant.
Now, I have offered a settlement of them simply walking away from this situation, because the amount of negligence and breach of duty/contract on their part, including the damages (general, I think) they caused my home (real property, emotional, loss of time, expecting me to do their job in creating an invoice, etc..). We filed a counter-claim for these "general damages" at the time of our initial answer to the complaint, and requested the court leave "amount" tbd.
At this point, we feel we are owed more than we owe them. I have taken my time now to generate an invoice, for which their counsel has not responded, and as far as negotiation out of court, their counsel basically has asked for a trial assuming he has us in the bag, as we cannot afford full representation
It's more complex than this, to some degree, but this is the gist. We have no uncontested bill/invoice... and I can prove they agreed their "estimate", to which their attorney refers as the "bill", was inaccurate. We told them we'd pay them for work they actually did and because, in my opinion, they don't know what they did/didn't do, and are entirely unaccustomed to being held accountable by their customers, that they became antagonistic, evasive, and threatening.
They want legal fees and whatever amount they want, which their attorney has still not declared, except to reference the contested "estimate". I want them to acknowledge their errors, and in return, walk away from this and never talk to me again. I will eat what their negligence caused me in effort to gain the emotional trauma relief of putting them behind us. Now, rambling...