How to obtain final payment from a customer that doesn’t want to pay on a construction contract?

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How to obtain final payment from a customer that doesn’t want to pay on a construction contract?

I was contracted to re-side a house. I tore off the old siding, installed 1/2 inch foam, and put up half of the new siding, when we had to wait for the roofers to finish. While waiting, the homeowner called and asked if I cared if someone else finished the job, I was busy, and told him I didn’t care, as long as he paid me for what I did. He agreed. The total contract was for $6000 in labor, he paid me $3000, the last day I was there, and I sent him a final bill for $630. Not only does he not want to pay me the rest, he wants $1100 back of the money he already paid me. What should I do?

Asked on February 2, 2012 under Business Law, Wisconsin

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

At your discretion, you could pursue the claim in small claims court understanding that a counterclaim may be lodged.  


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