Legal Question in Construction Law in Montana

retainer

my husband hired a general contractor to build our home he asked for a $5,000.00 retainer to be refunded at end of job now he is saying that he is charging us a $4,900.00 bill for him using his grade all [fork lift]. we have pd. every bill when asked and never once has there been a chg. for a grade all is small claims court the best way to go


Asked on 11/02/07, 7:05 am

1 Answer from Attorneys

Valerie Grubich Sullivan, Tabaracci & Rhoades, P.C.

Re: retainer

Without more information, it is difficult for me to determine whether your contractor is somehow entitled to the $4900; however, based on your facts, it sounds to me as though he is not. Small claims court is certainly an option if you choose to represent yourself. However, the most you can claim in that court is $3000, plus court costs, but this still leaves you rather short. Justice or City Court may be an option since the maximum dollar amount in those courts is $7000. You may even have more claims against him, depending on the circumstances. However, if you just want your money returned, then representing yourself in those courts above is the best solution. Should you decide you'd like an attorney, we would be glad to help. Thank you!

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Answered on 11/02/07, 11:27 am


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