Legal Question in Civil Litigation in California
Professional services rendered between two parties, disagreements resulting ther
My husband currently opperates his own small business from our home painting interiors/exteriors of people's homes. Likewise, a neighbor of ours owns and operates a small business, but as a mechanic. Each man desired the other's services, and as a result, mutually agreed to provide the other with services in trade for the same. Our neighbor is satisfied with the work he received from my husband, however,the work our neighbor did in exchange was incompetent. Since learning of our disapproval, he has now begun harrassing us and demanding money. Aside from a restraining order, what can we do? The work my husband did on his house was in excess of $1900-, while in turn the vehicle he was supposed to replace the engine in still sits in our driveway(=$in return of the services provided by my husband=$0)
2 Answers from Attorneys
Re: Professional services rendered between two parties, disagreements resulting
It is not clear from your facts whether your husband has been paid. If not, and assuming you have exhausted all efforts to try to resolve the issue (because you are neighbors) (and have not signed any paper that says that you accept the mechanic's work and release him from all claims), the next step would be filing an action in Small Claims court to recover the unpaid cost of painting.
Good luck.
Re: Professional services rendered between two parties, disagreements resulting
Big mistake bartering, but now that you're into it, just make due and get your car fixed somewhere else. As far as the harassment goes, he has no claim to money since your husband performed his end of the bargain. Draft up a receipt for the services and hand it to your neighbor the next time he confronts you. Then demand money from him. If that doesn't stop him, call the police if he gets out of hand. Good Luck.
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