If a customer is claiming that I damaged her fence, do I have to mail her a check for the amount she stated?

UPDATED: Oct 1, 2022

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If a customer is claiming that I damaged her fence, do I have to mail her a check for the amount she stated?

I pressure washed a fence and the customer is claiming I ruined her fence. The company who is fixing it quoted her $1900. I only did have of the fence as I noticed the algae and mold was not being

removed. She wants me to mail her a check that she can cash.

Asked on May 16, 2019 under Business Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can refuse to pay her at all and see if she sues you. Or you can send her what you deem is fair and see if she sues you for the rest. To win her court case, if she were to sue, she would have to prove in court by a "preponderance of the evidence" (that is is "more likely than not") that you did the damage she claims you did. She would also have to prove not just that she paid $1,900 but that $1,900 is a reasonable price for the repairs: while she is not required to go with the "lowest bidder," she is not allowed to overpay by a large margin, or pay for more work or higher quality work than is needed (she can only fix the damaged portion of the fence, to the same quality that it had been before) simply because she is counting on you paying for it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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