Q: Civil case (relief asked is $409) at Guadalupe County in TX - can you provide advice how to dismiss a complaint?
Plaintiff’s complaint: Braun... provided irrigation services... has refused to pay the invoice... many attempts to collect via phone and email...
No quote was provided and calls me to tell work was completed. Installed two zone valves and invoice was for $409! However sprinklers were not fixed. Sent letter to explain problem was not fixed and did not hear back from him. Four months latter calls asking for payment but by then I had lost 9 bushes and grass. Plaintiff charged $44.50 for a zone valve and $310 for installation. Valve only has a cost of $19.35 and installation only involves eight screws, a 15 min installation!
What I have -
• Picture of my yard a month before plaintiff visited my house. It shows grass and bushes being alive.
• Picture of my bushes drying up.
• Receipt of the zone valve showing cost of only $19.35 and not $44.50
• Plaintiff’s internet reviews. I only found 3. Two decent and one bad one.
A: The internet reviews will get you no where. If they did bad work, that is mostly on you as the person who hired them. That said, I would counterclaim as to breach of contract in that the work performed was not of the quality contracted for, in that he breached implied warranties. I would also look to see if the person is licensed as a contractor, as irrigation is often an area that requires a licensed contractor. If he is not licensed, then any contract may be void.
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