Can a contractor sue for nonpayment of an amount he never disclosed or invoiced?
Needless to say, we made those payments and by completion of the project the painter had already been paid the contracted amount in full, though he never provided receipts. Two days after completion we were served notice that he was suing us for an additional amount.
He filed suit on Nov. 12. Then on Nov. 24, we received an invoice in the mail for charges for what he called extra services. Regardless of the fact that we refute these so-called extra services--as it was our understanding that these services were part of the original scope of work--my question is: Does he have the legal right to sue us on Nov. 12 for what he cited?
First step, though, is to at least consult with a litigation attorney to get clear on your defenses to the action (it sounds like you have a few) and to see whether there are any claims you might be able to bring against the painter.
Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under her Ask The Business Lawyer brand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes the Making It Legal blog.