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Im a state licensed septic contractor, customer had a lawyer…

Im a state licensed...

Im a state licensed septic contractor, customer had a lawyer send me a letter wanting me to reimburse customer for expenses he claims i should pay for, for problems with the septic system i installed. Said if i dont make settlement he will advise his client to sue. He gave me 60 days i think to answer letter.. I have not answered... Do i really need to answer in some way or just let them sue me.. Maybe they are bluffing.. they want 5K and some change i think..

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

None

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

I dont think so.. how much is the advise?

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Answered in 1 hour by:
3/16/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 491
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. It is pretty common for someone who is considering filing a lawsuit to send a demand letter like the one you received. On the other hand, it is never fun to be the recipient of those letters. The first thing you should consider is making sure you have maintained and keep track of all documentation you have about the work you did on this septic system, in case any legal case is filed. There is no real way to know if they are bluffing, but what is likely is that they are hoping to settle the case and avoid having to go through the hassle of litigation. With the amount sought being less than $10,000, this could be a small claims court claim in Texas, meaning it would take less time and less money to go through the litigation process, as the procedures are simplified in small claims court.

You have some options you can consider: (1) ignore the letter and see if they sue, which may or may not happen right away; or (2) make an offer of some amount less than $5,000 to settle the matter in exchange for their signing a full release of any claims against you and expressly stating that you do not admit to any liability, fault or faulty workmanship. Whether you may want to engage in settlement discussions may depend on how confident you are that you did not do anything that would lead to a legitimate claim and that you have the documentation to support your position.

When a demand for $5,000 is made, it is almost always the case that the other party is willing to take less than that $5,000, but it can be tricky trying to figure out how much less.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered you question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
Job was never completly finished or inspected by county. Home owner was a bully insisted i do work not outlined in my contract, got in my face and tryed intimidating me into doing the extra work.. my witness thought he was going to hit me. Told me to get off the property. Months later called with an issue. Cussed me on the phone. I then cancelled his 2 year service contract. Sent him certified letter as well as county.. im 62 he us a very big young guy. I was concered for my safety so i was not gonna go back there cause of his aggresive behavior..

That seems a reasonable grounds for cancelling any contract or further work. I would make sure you keep documentation of these incidents (even if just your own notes so you can recall fully at a later date). You may consider responding with a letter outline just what you stated above and indicating that if any suit is filed you may have to consider filing counterclaims (your own claims) as a result of his client's behavior and actions. As long as you only charged him for the work you actually performed, you should be on good footing, but you will have to consider that issue to fully evaluate your possible exposure if a lawsuit is filed.

I am so sorry you are dealing with this situation; it sounds as if this person was certainly difficult - to say the least - to deal with.

Attorney Wendy
Category: Legal
Satisfied Customers: 491
Experience: Member at Keefer & Keefer LLC
Verified
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