Refusal to pay pool contractor because of damage

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Question

Country: United States of America
State: Maine

I had an above ground pool installed in July. In the process the contractor (who sold and installed the pool)destroyed my entire side and back yard by driving thru it with heavy equipment and leaving gravel spread all over the yard. He refused to fix it and referred to the contract witch states that he is not responsible for any property damage. We signed that contract without having read the back. We only signed the front witch had one sentence stating that we agree to the terms on the back. There is a space on the back for our signature, but we never signed it. Regardless, the damage was so extensive; it took us months to repair. We have witnesses and photographs of the destruction. We still have an outstanding balance of about$1000. I do not feel I should pay this because it would have cost us more to have the damage repaired. Am I right in not paying? Can the contractor come and take the pool down (It also said in the contract that they can do this if any part of the bill I n not played)? If he sues me, do I have a good chance of winning? What should be my next step?

Answer

If he does not agree with you then he needs to go to small claims.Based on what you say here, you could probably file suit against him (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney.you could try to collect all of the costs and damages that you suffered due to his behavior.