Legal Question in Business Law in Tennessee

I am a contractor and i'm being sued. This past winter I started a job for a lady that involved installing a drain (to collect water run-off from the hill behind her house), connect drains from downspouts from the house, remove a broken up sidewalk and install a new sidewalk. The lady wasn't satisfied with the new concrete sidewalk I had poured so I offered to remove it and allow another contractor to come and preform that task at no charge to her. She agreed but then wanted me to finish the rest of the work for free. I refused, so she threaten to sue me. I tried to come to an agreement with her that since she wasnt satified I would refund some of the deposit she had given me although the work I had already done minus the sidewalk was way more then the deposit. I just wanted to get rid of her and be done with it. Then once I told her I could refund her some of the money she started getting demanding and requesting it at once. Well needless to say I said to hell with her (didn't pay) and she is now sueing me for the deposit. The orginal job estimate was 5600, she had given me 1800 upfront, I spent over 2500 on the drains. I wasn't able to finish because she told me to stop work. I know i'm proably screwed because i told her i would give her a refund but this lady is a nightmare. Is there anyway of beating this. I've been in business for 6 years now and never once had a complaint. All of my customers have been pleased and gave me more work. Thanks.


Asked on 6/28/10, 10:48 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say more information is needed, as well as a complete review of all facts, documents signed, etc. A personal consultation after is appropriate, given your circumstances. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/28/10, 3:54 pm
Caitlin Moon C2Law

Did you have a written contract with the homeowner? If so, any attorney would need to review this contract before giving you reliable advice. (And if you didn't, you should use a written contract for ALL of your jobs, starting immediately - having all details spelled out beforehand is immensely helpful in situations such as this.)

If the homeowner has sued you - I am assuming in General Sessions Court for the county in which the property is located - then you have nothing to lose by attending the hearing and presenting your side of the facts. This gives you the opportunity to explain the work you performed - and the cost related to this work (have receipts for materials with you). Without hearing your side, the Court most likely will rule in the homeowner's favor.

While I know the amount of money at issue is perhaps not worth retaining an attorney who may charge you hundreds of dollars an hour, it may be worth your time to schedule a consultation with an attorney in your county who handles construction matters. Without the opportunity to ask questions and get more information, it's very difficult to give any advice in your situation. A single consultation shouldn't cost more than $200-300 and should yield some very helpful advice.

Best of luck!

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Answered on 6/28/10, 4:56 pm


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