Pool contractor destroyed lawn and now is refusing to pay

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Question

Country: United States of America
State: Maine

We had an above ground pool installed in our backyard this summer. The Contractor destroyed our whole yard by driving heavy equipment in our wet yard. The contractor wants us to pay $1000 on the outstanding bill. I do not feel we have to pay him because he did so much damage. It took us months to repair the damage and it would have cost us over $1000 to have it done professionally. We have pictures and witnesses to show the damage and the gravel he left, spread all over the lawn. In the contract it stated that he is not responsible for any damage to our property. It also states that he can take the pool in case we do not pay. We did not read this until after we signed the contract. It was written on the back and it just had a "I agree to the terms on the back"" on the side we signed. Can this contractor take the pool when we don't pay? If he decides to sue us, do we have a good chance of winning? He just wrote us a letter that he expects us to pay within 2 weeks. What should be our next move?

Answer

You may pay him and then sue him in small claims for the damages.or tell him that is what you intend to do anyway.