Contractor Dispute - Contractor Dispute Breech of oral...

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Contractor Dispute - Breech of oral contract and faulty workmanship/ Destruction of property Viewed 986 times. Posted about 1 year ago in Contracts - Newark, DE I had a verbal agreement with a contractor to clear/fill/grade/seed my back yard for $6000. A few days later we added $1000 to add in a drain line for run off. After many weeks of little/faulty work (contractor kept claiming he needed more money to continue and when finally had all $7000 did very little after that) I am left with: 1) The yard was not completely cleared and he even pushed some of the debris into a rear ditch on the property 2) Only 3 loads of fill dirt were brought in when we agreed upon "as much as needed" 3) The Drain does not work - The entire left half on my property holds water like a pond probably 50% of the property is unusable as it is mud and water. 4) They killed several large trees that now need to be removed and we never wanted removed. 5) The yard was never seeded or graded and as a result, the same weeds that were cleared are now growing back. While I don't have a written contract, I do have a recorded telphone call where we discuss the agreement and he states several times that he will complete it but he has "financial problems" (Delaware is a one party consents state). I also have a letter that he sent the the Delaware BBB (signed by him) in response to my BBB complaint. In this letter he directly contradicts what was in our agreement and what we discussed in the phone recording. So, basically I can prove he is a liar. I have 2 witnesses to my agreement and another client of his where he tried to do the same thing. My questions are this: 1) What kind of suit is this? It's obviously debt, but could it be a trespass suit because of damages to the property? 2) How much can I sue for? Can I sue for more than the $7000 for damages to the
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property. 3) How damaging to his case is his letter to the BBB since I can directly contradict his statements with the recording and I also have copies of the checks he cashed with things like "seeding and fill dirt" in the memo field. 4) What's the best way to introduce the phone call? 5) Does discovery apply in JP civil cases and if so, how do I go about it... Attorneys have all balked at taking this case because of the minimal amount of damages that can be awarded. I am basically on my own. All this will take place in Delaware JP Court. Thanks so much in advance! Flag as objectionable This question is no longer open to new answers. Answers (1) Edward Jay Kinberg Posted about 1 year ago. This attorney is licensed in Florida and 1 other state.
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