Our family is being sued by a contractor

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shaun23

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Hello and thank you for reading my post.

Our family is being sued by a contractor who did some work on our home. We have never been through a court battle before. The issue is that the contrator charged 40% more than the quote and we lack the ability to pay the contractor. I am an accounting student working full-time and my wife is pregnant with our 9th child. We are incredibly blessed, but are being negatively impacted by this person’s greed.

We could really use your prayers to help us through this really stressful situation.

Thanks for your help on this and God bless you!

Shaun
 
Praying for you and your family…
+

*O most beautiful Flower of Mount Carmel, Fruitful Vine, Splendor of Heaven, who brought forth the Son of God still remaining a Virgin, assist us in this necessity. O Star of the Sea, help us, and show us that you are our Mother.

O Holy Mary, Mother of God, Queen of Heaven and earth, we humbly ask you from the depths of our heart to help us in this necessity. There are none who can withstand your power. O show us that you are our Mother.

O Mary, conceived without sin, pray for us who have recourse to thee. Sweet Mother, we place this cause in your hands. Amen.

*Our Lady of Mount Carmel, pray for us.
 
I am praying for you. This must be very stressful and worrisome. “Jesus, help me to remember that nothing is going to happen to me today that together you and I can’t handle”.
 
Sorry for this stressful situation for you. I sincerely hope you find a way to work it out.

Praying:

Remember, O most gracious Virgin Mary,
that never was it known that anyone who fled to your protection,
implored your help, or sought your intercession,
was left unaided.
Inspired by this confidence,
I fly unto you, O Virgin of virgins, my Mother.
To you do I come, before you I stand, sinful and sorrowful.
O Mother of the Word Incarnate,
despise not my petitions,
but in your mercy, hear and answer me.
Amen.
 
shaun23 said:
Hello and thank you for reading my post.

Our family is being sued by a contractor who did some work on our home. We have never been through a court battle before. The issue is that the contrator charged 40% more than the quote and we lack the ability to pay the contractor. I am an accounting student working full-time and my wife is pregnant with our 9th child. We are incredibly blessed, but are being negatively impacted by this person’s greed.

We could really use your prayers to help us through this really stressful situation.

Thanks for your help on this and God bless you!

Shaun
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Did this individual take a deposit at any point during negotiations or payments prior to completion? If so, due to the fact that work was being done on your home he would fall under the category of a prepaid contractor. Canada has some fairly specific laws governing exactly how much over budget he is able to go without your written consent. Speak to your lawyer about this aspect as it may void his entire legal claim depending on your provincial regulations.
 
Praying for your situation. May I suggest sitting down with the Contractor and a mediator to resolve the issue? While I empathize with your situation, the contractor has a perspective too and having a non-connected 3rd party often helps resolve these things in a reasonable manner.
 
Do you have a contract? If so, look it over. Things should be spelled out in that.

Good luck and God bless.
 
do you have a Registrar of Contractors in your state with whom you can file a complaint? if you have a contract that gave a price for the job I don’t think they can raise the price 40% more without advising you ahead of time that the job will be more than what was quoted in a contract.
in our state you can file complaints against licensed and unlicensed contractors.
also file a complaint with the Better Business Bureau of your community.
 
Again, while I empathize with the plight, I don’t think there is enough information presented.

Proverbs 18:17 states: 17 The first one to plead his cause seems right, Until his neighbor comes and examines him.

We don’t know if the contractor is stating many changes were made, additional things added on, upgrades decided on, etc. all we know is a hard working student with a bunch of kids is being sued. Until someone hear’s the contractors side, there is unknown information. Contractors tend to be hard working guys who just want to take care of their families and don’t take cases threaten to court without evidence Justifying their claim.

On the other hand, I could see a guy who is trying to improve himself and get a better job, in school and working hard at his regular job just to make ends meet. Maybe agreed to a certain project that could just be squeezed in financially. He’s busy working and studying, mom who is at home with the kids and contractor is asked about changes to which she agrees without necessarily thinking about the added expense. Of course, none of the changes are in writing…

The bill comes and dad is freaking out, mom is scared, and the contractor is angry because he’s put out a bunch of money for the changes. All dad sees is a 40% higher bill. All the contractor sees is he is now losing money on a previously profitable job.

Of course that is all speculation, but it is common scenario. Just sit down with a neutral party, talk about it and get a solution worked out. It will be the most economical way in the long run.
 
shaun23 said:
Hello and thank you for reading my post.

Our family is being sued by a contractor who did some work on our home. We have never been through a court battle before. The issue is that the contrator charged 40% more than the quote and we lack the ability to pay the contractor. I am an accounting student working full-time and my wife is pregnant with our 9th child. We are incredibly blessed, but are being negatively impacted by this person’s greed.

We could really use your prayers to help us through this really stressful situation.

Thanks for your help on this and God bless you!

Shaun
Click to expand...
Your post is full of emotion. First, the fact that you are an accounting student and you are expecting your ninth child has nothing to with the work performed and the money owed. Referring to the contractor as being greedy is childish. Sometimes unexpected snags are discovered once the work has commenced. This is not unreasonable and does not identify a case of greed.

This is where good communication between you and the contractor should have taken place. He should have warned you that any unforeseen problems may impact the final cost. And, once discovered, he should have stopped, revised the estimate and had you sign for it.

I don’t know the details of what went down. My advice to you is that when you get to court, leave the emotion out of it. No name calling. Be respectful of the plaintiff, judge and the system. In a word, stick to the facts as they relate to the legality of the transaction.
 
cargau said:
Your post is full of emotion. First, the fact that you are an accounting student and you are expecting your ninth child has nothing to with the work performed and the money owed. Referring to the contractor as being greedy is childish. Sometimes unexpected snags are discovered once the work has commenced. This is not unreasonable and does not identify a case of greed.

This is where good communication between you and the contractor should have taken place. He should have warned you that any unforeseen problems may impact the final cost. And, once discovered, he should have stopped, revised the estimate and had you sign for it.

I don’t know the details of what went down. My advice to you is that when you get to court, leave the emotion out of it. No name calling. Be respectful of the plaintiff, judge and the system. In a word, stick to the facts as they relate to the legality of the transaction.
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I don’t find where the post is full of emotion, and I don’t see where he is calling the contractor greedy or childish.

That said, this is an emotional situation. The guy works full time, goes to school, has 9 kids and is being sued. If that weren’t bringing up emotions it would be abnormal.

As stated, my suggestion is to sit down with the contractor and talk to him. My guess, because it is a common scenario, husband was at work or studying, wife at home with the kids and contractor, changes were made that affected the cost but not written at the time of change and a large invoice comes at the end. Husband’s angry, Wife is scared, Contractor is now seeing a loss where there was a profit before. We don’t know, but that is a real common scenario.

Just sit down with the contractor, work out a discount and terms and get the guy paid. Judges look at whether the money is owed, not how many kids are in the house. If he can’t afford the 40% increase, he can’t afford the 40% plus the contractors legal fees.

If the money isn’t owed, hire a contingent fee lawyer to counter sue (if that legal up North).
 
cargau said:
Your post is full of emotion. First, the fact that you are an accounting student and you are expecting your ninth child has nothing to with the work performed and the money owed. Referring to the contractor as being greedy is childish. Sometimes unexpected snags are discovered once the work has commenced. This is not unreasonable and does not identify a case of greed.

This is where good communication between you and the contractor should have taken place. He should have warned you that any unforeseen problems may impact the final cost. And, once discovered, he should have stopped, revised the estimate and had you sign for it.

I don’t know the details of what went down. My advice to you is that when you get to court, leave the emotion out of it. No name calling. Be respectful of the plaintiff, judge and the system. In a word, stick to the facts as they relate to the legality of the transaction.
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The OP is asking for prayers though, not advice.
**
A Prayer for Justice In Court**

Lord God, Redeemer of all men, I come before you today to ask for justice in court. As the Scriptures say, “God will judge the righteous and the wicked, for there is a time for every matter and for every work.”

It is my request that your judgment be manifest in court, though men are fallible, through You justice can be had.

Thank you Lord Jesus, and hear my prayer.

Amen.
 
ChurchSoldier said:
I don’t find where the post is full of emotion, and I don’t see where he is calling the contractor greedy or childish.

That said, this is an emotional situation. The guy works full time, goes to school, has 9 kids and is being sued. If that weren’t bringing up emotions it would be abnormal.

As stated, my suggestion is to sit down with the contractor and talk to him. My guess, because it is a common scenario, husband was at work or studying, wife at home with the kids and contractor, changes were made that affected the cost but not written at the time of change and a large invoice comes at the end. Husband’s angry, Wife is scared, Contractor is now seeing a loss where there was a profit before. We don’t know, but that is a real common scenario.

Just sit down with the contractor, work out a discount and terms and get the guy paid. Judges look at whether the money is owed, not how many kids are in the house. If he can’t afford the 40% increase, he can’t afford the 40% plus the contractors legal fees.
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Look, if this person is being sued, suggesting that they are financially strapped is not an effective defense as it has nothing to do with the transaction. Pleading poverty because of situations of being in school with 9 kids sounds like an emotional appeal for some kind of entitlement. It won’t work. As I said, stick to the facts of the case.

And he did use the “g” word in his post. Perhaps this contractor is greedy or maybe he’s just trying to get what’s owed. We don’t know. But leave the name calling and emotion out of it.

I do like your idea of sitting down with the contractor to settle. That’s always best. If it goes to court, someone is always disappointed.
 
wild_thing said:
The OP is asking for prayers though, not advice.
**
A Prayer for Justice In Court**

Lord God, Redeemer of all men, I come before you today to ask for justice in court. As the Scriptures say, “God will judge the righteous and the wicked, for there is a time for every matter and for every work.”

It is my request that your judgment be manifest in court, though men are fallible, through You justice can be had.

Thank you Lord Jesus, and hear my prayer.

Amen.
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That’s a beautiful prayer!

I wasn’t trying to belittle and I know I can be direct. But if the OP goes to court suggesting greed and his inability to pay, his defense will be weak and he will likely lose. If your prayer is to be answered, don’t you think helping the OP to offer the best defense is a good thing?
 
I am so sorry to hear of this trouble with the contractor. Prayers for you, your wife, all the wee ones and for a quick resolution to this situation.
 
shaun23 said:
Hello and thank you for reading my post.

Our family is being sued by a contractor who did some work on our home. We have never been through a court battle before. The issue is that the contrator charged 40% more than the quote and we lack the ability to pay the contractor. I am an accounting student working full-time and my wife is pregnant with our 9th child. We are incredibly blessed, but are being negatively impacted by this person’s greed.

We could really use your prayers to help us through this really stressful situation.

Thanks for your help on this and God bless you!

Shaun
Click to expand...
disclaimer: this is not legal advice***

Are you in the US? How much money are we talking about? If we’re talking about more than $10,000, continue.

Can you prove that the final cost this person wants is 40% more than the quote? Does the contract or quote allow him to charge that much more?

Have you actually been served with the lawsuit, or has the contractor merely threatened you or had an attorney send a note? I recommend:
  1. Try to negotiate a settlement with the contractor directly. Tell him the money in dispute isn’t worth the legal fees he’ll have to spend. Try to give him 10% of the difference now, and then get some kind of payment plan to pay the difference. Assure him that you want to make sure he gets a fair deal. Use the words “fair” “right” “equitable” a lot when talking to him to make him feel that you are concerned about his side of the story. This is not the same as admitting wrongdoing or guilt.
  2. Ask the contractor to go to non-binding mediation with you to come to a settlement.
  3. Be creative in working out a deal. This person probably feels like you ripped him off or are a liar. You see him as greedy, and he probably sees you as dishonest or a deadbeat. That’s offensive isn’t it!? Try to get face-to-face or on the phone so that you can both see that you’re just regular people trying to get a fair deal. You disagree about what is fair right now, but that doesn’t mean you can’t get to “fair” without paying the 40% more right now.
  4. Get more facts. Find out what he spent on this job. Ask to see receipts detailing the cost to the contractor. Maybe offer to reimburse the costs directly. Find out as much about this person and his business as you can. Use this information to benefit your negotiation position.
You have more options than you might be aware of. Try to think creatively to see how you can resolve this situation. Does this contractor have an online presence? A brief, well placed and well written negative review from you could cost this person tons of potential business. Are they registered with the BBB? A formal complaint can cause problems. Do they hold any professional licenses? A complaint to a licensing authority in your state can cause enormous problems and potentially destroy his business. You can make this person’s business become very difficult if you want, you have some leverage in this situation. I would say resort to threats only after every other method has totally failed.

Contractors and small business people are constantly getting ripped off these days, and they get very defensive and touchy if they feel like it is about to happen again. You need to assure this person you aren’t another deadbeat looking for a free lunch. Show honesty and good faith in your negotiations and it is more likely than not you’ll be able to figure this out without going bankrupt or having a judgment against you in court.
 
Praying hard for you. I can relate. I just sued a roofing contractor and won. It was an arduous process.
 
Saint Michael, the archangel, defend us in battle, be our defense against the wickedness and snares of the devil, may God rebuke him, we humbly pray. And do you, O’ Prince of the Heavenly host, by the power of God thrust into Hell Satan and all the other evil spirits who prowl about the world for the ruin of souls.

Amen.

†

Our Father who art in Heaven, hallowed be thy name.

Thy kingdom come, thy will be done on Earth as it is in Heaven.

Give us this day our daily bread.

And forgive us our trespasses, as we forgive those who trespass against us.

And lead us not into temptation, but deliver us from evil.

Amen.

†

Hail Mary, full of grace, the Lord is with thee.

Blessed are you among women, and blessed is the fruit of your womb Jesus.

Holy Mary, Mother of God, pray for us sinners, now and at the hour of our death.

Amen.

†

For Help in Trials

Most holy apostle St. Jude, faithful servant and friend of Jesus, the name of the traitor who delivered your beloved Master into the hands of His enemies has caused you to be forgotten by many. But the Church honors and invokes you universally as the patron of hopeless cases–of things despaired of. Pray for me who feels so hopeless. Make use, I implore you, of that particular privilege accorded to you of bringing visible and speedy help where help is almost despaired of. Come to my assistance in this great need, that I may receive the consolations and succor of heaven in all my necessities, tribulations and sufferings, in particular shaun23 and his family), and that I may bless God with you and all the elect throughout eternity. I promise you, O Blessed St. Jude, to be ever mindful of this great favor, and I will never cease to honor you as my special and powerful patron, and to do all in my power to encourage devotion to you. Amen.

†

Dear Jesus,

I humbly implore you to grant your special graces to our family. May our home be the shrine of peace, purity, love, labor and faith. I beg you, dear Jesus, to rpotect and bless all of us, absent and present, living and dead.

O Mary,

Loving Mother of Jesus, and our Mother, pray to Jesus for our family, for all the families of the world, to guard the cradle of the newborn, the schools of the young and their vocations.

Blessed Saint Joseph,

holy guardian of Jesus and Mary, assist us by your prayers in all necessities of life. Ask of Jesus that special grace which he granted to you, to watch over our home at the pillow of the sick and the dying, so that with Mary and with you, Heaven may find our family unbroken in the sacred Heart of Jesus.

Amen.

†
 
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