Q: We are an s-corp LLC being sued by a customer for "incomplete project and job services" and "secondary loss"
We completed drywall repairs and painting for a 3000 plus sq ft home for a customer that amounted to over $9000.00 (materials included)
We also provided extra services outside of the scope of the estimate and did not charge the customer and we also had to move their personal items out of work areas (estimate states all items are to be removed from work areas). Final walkthrough customer said everything looked awesome. A couple of days later they called and claimed paint needed to be touched up in many areas and started complaining about how long it took us to complete the project etc which led us to remind them that due to providing those extra services was why it took longer to which they responded "it wasn't listed on the contract". At that point we decided that we would charge them for the extra services and not return until payment was received for those services. Now they are suing us in small claims for $7000 claiming they had to pay other companies to finish work
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- Michigan
- (734) 994-0200
- View Profile
- Answered
A: Small claims court in Michigan involves cases in which the amount in controversy is less than $7,000.00 so that is the maximum amount they could sue your business under the rules. There is no reason why you could not file a counter-lawsuit seeking damages for the additional services that you provided the customer. Also, hopefully the customer signed off on a written form after the final walk through when the job was completed. You would want to provide this as evidence in your case. You could hire an attorney who handles contract cases and have the case removed to district court where the homeowner would likely need to hire an attorney at additional expense. If you have a court hearing, make sure to have your witnesses available to testify that the work was properly performed and any documentation such as e-mails showing that the homeowner is being unreasonable in their demands at the hearing. I wish you the best of luck!
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