consumer contract
Date: Wed, 04/14/2010 - 17:38
I have a contract dated 5/5/05 signed by us (the consumer) not the contractor. It is for pool payment. I withheld 10% plus the amounts that he billed over the contract price. Can he try and collect the money 5 years later and what about the fact that he never completed the warranty paperwork or the pool maintenance instruction as stated in the contract?
Well without his signature, it won't hold up in court.,..but you
Well without his signature, it won't hold up in court.,..but you could try. BUT the same goes for him, if he has no contract signed by YOU he can't get much because he can't prove it and if he has a copy of same contract, he would be stupid to use it at court because then you could point out everything you mentioned above. Also check your state laws on SOL for he may not be able to sue if SOL for your state is less then 5 years. Simply tell him he did not uphold his end of the contract and he is more then welcome to sue you so that you can show the judge what an incompetent he is and perhaps even counter-sue him! Then tell him to take a hike.
