A nice victory today - PeachParts Mercedes-Benz Forum

t walgamuth · #1 08-21-2014, 06:57 PM

I built a very nice and dramatic home about 30 years ago for a client. A couple of years back the husband died at age 92 or so and the Mrs decided to sell and move to a place with assistance for her.

Back in the fall the new owners called and asked me to help them redo their kitchen. The original one was pretty unique and so making it larger and including an island was a tricky job, but I am a tricky architect so we figured it out. Some walls had to be relocated and the cabinets and kitchen has numerous 45 degree angles but we figured it all out, redid the walls, ordered cabinets and appliances and striking granite tops.

The local granite contractor whom I have used numerous times was tied up and backed out of the job at the last minute so we found another contractor from over near Noblesville.

They came to install the tops and it turns out while drilling holes for faucets after all the granite was installed cracked the piece which the sink was in in three places. They then refused to fix it.

So I recommended the owner sue in small claims, asking the judge to order them to replace the broken piece with a matching piece or refund all the money paid to date ($3250 up front) plus some money for loss of use and for my time to assist in the legal action.

The contractor countersued asking for the other $3250 saying once they were paid the full $6500 they'd patch the cracks. They had this thirty something pudgy looking lawyer with about five days growth of beard, my client represented himself (against my recommendation which was if they have a lawyer I want one).

After about a month the judge's ruling came in today. He ordered the contractor to either replace the broken piece with a matching piece or refund the money.

No judgement for loss of use or for me though.

I am pumped over the very decisive victory. Wooo hooo!

My track record in these matters is spotty at best, though if I ask for an eviction I always get it pronto.

You never know how a judge will rule.

Can't Know · #2 08-21-2014, 07:27 PM

I'm glad it came out that way, though it absolutely makes sense unless there was a written contract stipulating otherwise. That's pretty basic application of UCC principles.

Indiana seems to have some weird small claims rules. Most states will not allow a small claims litigant to have an attorney represent them (you may be allowed to have one present to advise you, but you have to do everything and the attorney, if present, can't do anything or even interrupt). The only alternative is to file a motion to remove it to regular court (municipal or county), which sometimes happens.