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    c_starrs's Avatar
    c_starrs Posts: 64, Reputation: 5
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    #1

    Dec 9, 2016, 07:27 PM
    How much to specify when some funds are still at large
    Thanks for reading. I'm in Oregon, about to pursue a small claim. The person in question is a contractor. I gave him $6K to begin work, however it didn't work out, he walked off-site. He did however, buy material for the job, which we kept and also rented a dumpster in his name and account, which we used and gave back to waste management for him to pay.

    My question is, what figure do I sue for? I don't know the exact value of the rental or material to correctly discount the $6K figure. Only the contractor knows they values and he is not going to help me sue him.

    Do I claim for the $6K and mention in the claim that funds are still at large? Do I claim for the full $6K and say nothing in the complaint and let him bring it to the table? Help :)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,280, Reputation: 7690
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    #2

    Dec 9, 2016, 09:47 PM
    I would suppose you had a written contract, that would show material costs and labor costs.

    What amounts are listed in the contract.
    If not that will be one issue in showing what the money was given for.

    But you can go to the company that delivered the material and get the price.
    Or you can merely sue for the entire amount paid,

    But... you may also be entitled to any additional costs that you have, If the new contractor costs more, that difference may be allowed as a breach of contract.

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