hello all!



you'll like this one methinks, or, maybe not...



recently did a hardscaping job for a "client." we started in april, finished june 14th (was a big job).



to make a long story short, we discounted the final bill on the job about $12k to cover some errors and stuff on our part, as well as to be fair...



...because the original estimate was for $15-18k. the final bill ended up being 25k (after discount). the customer signed a contract up front that stipulated the estimate was only that and may not reflect the final and actual costs of the project. we stipulated up front several things that would affect the final outcome and could raise the costs of the project - all of which he agreed to. he could, at any time, ask for costs to date and also ask us to cease work without penalty.



the customer doesn't feel he should pay the full 25, but will pay 22. he feels the final bill is just too high and won't work for him.



our position - hey, we discounted to allow for [many things to cover the issues] stuff, and that's as far as we can go.



he is now in default since last thursday (he had ten days to pay the balance due).



we've tried with three seperate communique's to explain the bill (in writing and verbal - sticking to our position) and the guy wants to ARGUE the bill.



so, as a result, we are taking him to district court. he owes $7,200+ to pay the balance of the bill. we will be suing for the balance and any recoverable damages.



we will be serving him with a verified NOTICE OF DEFAULT AND OPPORTUNITY TO CURE (giving him until friday to cure) tomorrow (wednesday), along with a certificate of service, and then filing in district court as soon as we have the necessary paperwork completed to file the case (you know, affidavits, copy of original contract, etc.). the NOTICE will contain the verbage from the contract showing his default as well as our intent to immediately bring an action in district court to sue for balance due and recoverable damages.



ok, and the killer is: HE IS HAPPY WITH THE WORK WE DID!!!!



what a maroon!



anyway, any of ya'll have some helpful statements for us to whittle away on over this case? i'd really like to keep the case to the contract at hand without the judge/court attempting to assert any "State of Maryland" regulations concerning any contractual crap (and i'm sure that may happen).



in our affidavit of fact in support of the case we'll be citing everything we can, factually speaking, that will eliminate/address any potential "argument" he may bring, but ya can't anticipate everything...



so, just looking for helpful remarks here!



thanks much - this site is great, i've learned a great deal and have even positively impressed my brother (a lawyer/attorney) with the contract i wrote that we use for our jobs - thanks to all here!



jon