Customer refuses to pay balance
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Customer refuses to pay balance
My husband and I own a concrete coating business. We just finished a floor 110 miles away. We always request half down which was paid by the homeowner However, upon completion of the project, They are refusing to pay the remaining balance. We have made to extra trips there which would be $440 extra miles to try and make the customer happy. We made it clear to them when working with concrete in a basement there can be out gassing which causes a little tiny air bubbles to emerge from the concrete. We cannot foresee this happening until the floor is done so they were tiny air bubbles. They had paid us the remaining balance but then canceled the check. We went back there like I said to extra trips to try and fill in the holes which we told them we could do but it may be even more obvious a more noticeable. The husband stated that he doesn’t care he knows you’re probably be able to see him because we can’t match the colors perfectly but just so long as there is not the divots. He checked the work over and said it looked great so we put the final top coat on and now they’re refusing to pay us even though there was additional fees that we had to take upon ourselves for product, wages, fuel and time. I understand that the outcome is not exactly what they wanted due to the shape of their concrete which we could not control. However, they are refusing to pay us the remaining balance of $6549.50. In addition she is requesting her money back for the 1st $6700 that she paid us.
Asked on October 1, 2019 under Business Law, North Dakota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the customer for breach of contract / account stated. Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed.
The maximum amount of damages you can claim in your state's small claims court will determine whether you can file your lawsuit in small claims court or in a higher court. Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.
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