Legal Question in Civil Litigation in Maryland
overcharge of service provided
My husband was general contractor on the home we just built. He had a verbal agreement with a sub to perform a service, with a verbal agreement on cost. After the work was completed, we found numerous items that were either done incorrectly or damaged by the sub. Then the sub submitted his bill, which was twice the amount agreed upon. He has since sued us for the unpaid balance, we have ask him repeatedly to compensate us, to no avail. Should we countersue at this point, or will our damages be submissible in court. thanks.
2 Answers from Attorneys
Re: overcharge of service provided
Your problem is a textbook case of why lawyers say that "an oral contract is not worth the paper it's printed on". In other words, it is far more difficult to prove the terms of a contract and whether or not they were breached when there is nothing in writing.
You should certainly countersue for the cost of correcting the work that was improperly performed. I suggest you get another contractor who does the same kind of work to inspect the project and be able to testify about how the sub you hired messed up the job and what it would cost to put it right. Perhaps he can also testify as to the reasonable cost of doing the job right in the first place to back up your contention as to what the price you agreed to pay was. You should by all means get legal representation, assuming there is enough at stake to justify legal expenses.
Re: overcharge of service provided
You should consider a counterclaim, as your failure to do so, should he prevail on his claim for the bill even in part, may bar your claims. See a lawyer about this, as it is a difficult kind of case to prevail on without a lawyer.