Contractor never gave final invoice, taking us to small claims?

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lancen

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Hello,
I've been having all sorts of problems with a contractor hired to re-shingle our roof after a hail storm.

First of all they came 6 months after they said they would come to do the work. Only called ONCE during that time promising to be out in 2 weeks (4 months later they show up). None of the promised events that were in the contract took place. The said I would work with a project manager a week before the project started to go over things around the property to be careful of during the project.

During the course of their work, they cut branches off a tree without permission. They trampled bushes and a garden. Left nails and debris all over the our yard and the neighbors (contract said they would have daily cleanup and nothing left behind). In addition they left the gutters clogged with old shingles which flooded our basement ruining a $500 chair. They also did some of the roofing improperly causing water to come into our basement through the breaker box. A potentially deadly situation as there was a stream of water flowing over high voltage wiring, down the wall, and onto the floor. This flood ruined the chair again that we had just replaced.

I contacted the owner of the company about these issues and he agreed it was fair to deduct the amount of the property replacements from the total bill.

Well, they never fully completed the project and all of their literature says not to pay until everything is done. They also have a 100% Satisfaction Guarantee which they have never told me what that entails. Anyway, all during the project I kept getting calls from the owner of the company telling me I needed to pay immediately. I of course waited until I felt the job was done. They never put the guttering on the garage but I was sick of the harassing phone calls so I told the owner I would deduct another $400 from the final bill and have the guttering completed by someone else. He agreed and I sent a check in for the final amount based off my original quote less the deposit I had already made. This original quote was the only paperwork I had. I was supposed to work with the mystery project manager when the roof was done to go over everything and get the final invoice (never happened).

A couple of months later the owner of the company shows up at my job and walks into my office while I'm in the middle of a meeting with a client. Starts asking me for the final payment and wants to know why he hasn't received it yet. Of course I am both angry for the interruption and confused about the demands as I thought everything was settled. I told him everything was paid for already. He grumbled something and left.

Three weeks later I get a call from his "legal department" telling me I need to make final payment or they will take me to court. Again, I am confused as they are saying I still owe $3,000. I explain to this "lawyer" that as far as I was concerned, the project was done and settled. He started telling me that the owner of the company thought I was dishonest and cheated him out of money by claiming damages on property.

He gave me the final total he had which was not even close to the amount on the contract I was basing my payments off of. I told him to fax me the final invoice as I had never received it and we would go from there.

I have since asked for this fax 6 times over the last two months. I still have not received it and the lawyer just left a voice message for me yelling at me to pay or else we are going to court.

What can I do? I've asked for the final invoice as I don't understand where their numbers are coming from. I have documented my request for this invoice which was made via both fax and email. They have 100% Satisfaction Guarantee in the original contract I signed.

I am so frustrated with this company. I just want them to leave me alone. They have been nothing but a thorn in my side. What are my options? I'm kicking myself for not taking legal action when their negligence caused a potentially deadly situation in our home with water flowing through our breaker box.

Any help would be greatly appreciated.
Thank you in advance
 
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