Legal Question in Civil Litigation in Indiana

How to handle a deadbeat

General contractor completed job as specified by client. no estimate was done because of constant changes demanded by client. final bill was 75k. after 6 months of stalling client paid 50k of bill and wrote paid in full in memo field on check. after few phone attempts client now complains about bill then refuses to take anymore calls. advise? civil suit for 25k plus fees? clients has a large dairy farm with plenty of assets.


Asked on 8/11/06, 7:48 pm

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: How to handle a deadbeat

You need to provide more information regarding the agreeement. Was it written? Were there provisions for change orders? Was there a provision concerning damages, attorney fees? Did you file a lien?

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Answered on 8/12/06, 3:58 pm
Voyle A. Glover Attorney at Law

Re: How to handle a deadbeat

You probably have a case. Quantum meruit is a basis. You would argue an "unjust enrichment" and eventually, it would probably settle out of court. However, unless your contract provided for attorney fees, you might not be able to recoup those. Just because you win, doesn't mean you get fees. There has to be some fraud or obdurate behavior that would cause the court to give them, or a contract that specifies you're entitled to attorney fees.

You also would need to show that the "extras" were requested by the customer and not a part of the original deal.

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Answered on 8/14/06, 5:54 pm


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