Legal Question in Civil Litigation in Pennsylvania

Contractor liability

i located a contractor to bury my pool. I asked

for a price. He said he'd take care of me. Returning

from work i noticed my an excavating crane and holes

in my pool. I kept asking for an estimate; I

, my dad asked what he was going to do and price. No

answer. The neighbors claimed damage to their house

which was unfounded. The contactor stopped breaking up

the pool, partially filled it with dirt, said he

couldn't compress the dirt because of the neighbors. I

informed this contractor I was posible losing my job

in 2 months, verbally demanded, emailed and faxed him

numerous

requests cost. No answer,I said no more work. He

caused this damage: driveway and pavement was tore up

, a privacy barrier of 90 year old rhodedendrumswere

run over and left broken for me to dispose, a huge

holly tree had 5 ft of branches broke off, piles of

twisted rebar, chain link fence, and cement posts and

other debris was left all over my property. After 4

months the back yard is left a mud pit. i cant'sell

the house because of the damage, unfinished yard and

trash. He called asking for a check for $3500. I never

signed anything and would like to know if I owe him

this and what can I do about the deva


Asked on 5/02/01, 1:59 pm

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Contractor liability

I am a recent member of the Guru network, so I just received this posting.

The Unfair Trade Practices and Consumer Protection Law requires any contractor to provide a written estimate before work begins. Moreover, you must also be given a 3 day right to rescind the contract. Failure to comply with the law enables you to recover 3 times the damage and attorney's fees.

Based upon the information you provided, it is unbelievable that the contractor is actually claiming he is entitled to be paid. You not only have the right to defend any such claim, you also have the right to counterclaim for negligence, breach of contract and for violation of the UTPCPL. You should consult an attorney promptly.

I trust this has been helpful, but feel free to call or e-mail with further questions.

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Answered on 6/19/01, 2:58 pm


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