[TLandry22]

Mechanic wrote a contract stating $1500 down & $1500 upon completion, labor included. The first payment was given Nov/Dec 2011. Fuel pump was extra. The last $1500 was given March 2012. He started driving trucks and not answering calls while I was away due to family obligations. Instead of purchasing all necessary material, he proceeded to take out for labor; therefore, I'm waiting 6 months for a wheel that was supposed to have been purchased. On top of that I was being told last minute things that needed to be purchased that he shouldve been known. The hood was extra as well but I purchased the hood myself with no wait as soon as I arrived back in town. He's been unprofessional to the point that he stated to me, "I just didn't feel like working on it. Im tired of messing with that truck..." Recently, money was supposed to be refunded. He's been avoiding calls, sending my dad & I straight to voicemail and personally I just think he's trying to get over on me because I'm a girl. I didn't receive a call or anything letting me know he was going out of town so now I'm still waiting on my money AND wheel. He was repeatedly told,"Time is of the essence..". Can I pursue this in civil court with a good outcome??

Mechanic wrote a contract stating $1500 down & $1500 upon completion, labor included. The first payment was given Nov/Dec 2011. Fuel pump was extra. The last $1500 was given March 2012. He started driving trucks and not answering calls while I was away due to family obligations. Instead of purchasing all necessary material, he proceeded to take out for labor; therefore, I'm waiting 6 months for a wheel that was supposed to have been purchased. On top of that I was being told last minute things that needed to be purchased that he shouldve been known. The hood was extra as well but I purchased the hood myself with no wait as soon as I arrived back in town. He's been unprofessional to the point that he stated to me, "I just didn't feel like working on it. Im tired of messing with that truck..." Recently, money was supposed to be refunded. He's been avoiding calls, sending my dad & I straight to voicemail and personally I just think he's trying to get over on me because I'm a girl. I didn't receive a call or anything letting me know he was going out of town so now I'm still waiting on my money AND wheel. He was repeatedly told,"Time is of the essence..". Can I pursue this in civil court with a good outcome??

[AK lawyer]

... $1500 down & $1500 upon completion, labor included. ... The last $1500 was given March 2012. ... Can I pursue this in civil court with a good outcome???

You paid him the second $1,500 before completion? Why?

[TLandry22]

You paid him the second $1,500 before completion? Why?

Because he estimated parts wrong and the first $1500 didn't cover all the parts. Also he increased his labor saying he found a couple extra things.

[Fr_Chuck]

No, if you have a contract that is it, you don't just pay extra cause he said,

[TLandry22]

no, if you have a contract that is it, you don't just pay extra cause he said,

Well the second $1500 was to include parts and labor so $700 of it was for the remainder parts and $800 for labor.

[AK lawyer]

Because he estimated parts wrong and the first $1500 didnt cover all the parts. Also he increased his labor saying he found a couple extra things.

That would be his problem. Did the contract, which he wrote (ambiguity in a contract is usually construed against the party who wrote it), provide for cost increases based upon his errors? Not likely.

Take him to small claims court and sue him for the amount you paid. Or, if you can afford it, have someone else do the work and sue the first guy for the total cost of completing the work.

[smearcase]

Paying money down before any materials are delivered or work is done is asinine.
Pay for only the materials that are in your possession or portions of work that have been satisfactorily completed. Honest craftsman don't need upfront money to start a project. When you get one that demands that kind of arrangement-keep looking. Don't ever give final payment if the work is not 100% totally done and satisfactory. If expensive materials are needed before work can begin-get those materials in your possession before paying for them, and pay only for the documented invoice cost. If the guy wants to skip out after getting paid for those materials you can hire someone else to install the materials and contain your losses or even maybe no loss.
If the guys standard contract form says something else give him the opportunity to write in your specs before you sign anything. Or just hope for the best and good luck with that strategy.

[TLandry22]

That would be his problem. Did the contract, which he wrote (am biguity in a contract is usually construed against the party who wrote it), provide for cost increases based upon his errors? Not likely.

Take him to small claims court and sue him for the amount you paid. Or, if you can afford it, have someone else do the work and sue the first guy for the total cost of completing the work.

No my fuel pump was extra and he paid for it out of the first $1500 and said he had @ least $76 left from that and I still needed a bumper, bumper cover, grille, hood (paid for personally), wheel, and fender liner which came out of the second $1500. Then he kept repeating ,"I need something out of this. I'm doing all this work and im not getting nothing out of it..." My dad sent him a check for $846 because after 3 months he tells me he didn't order my wheel and I need bumper brackets, which he shouldve known after he removed the bumper. I planned on leaving my apartment 4wks ago. Now Im stuck in the position of having to store my things at my neighbor's house and stay with her because he's driving trucks and didn't notify anyone, hasn't called back, and his wife says the wheel still hasn't arrived which is odd because he told me they shipped it last Mon...