My brother in law has his own contracting business. He was looking for work and I was renovating our kitchen. I asked if he would help me out with it and of course I would pay for his time. Long story short, the workmanship was terrible, the bill was enormous and we were billed for time he was not even here. I did not receive an invoice but received an email about two months after the work for a ridiculous amount that he could not account for.
We refused to pay and sought the advice of a lawyer. The lawyer told us to send the contractor a cheque for what we thought the job was worth, which we did ... and it was a good size cheque. He never did cash it and it has now been over four years.
Today we received yet another letter from the collection agency now requesting more than the original amount he asked for. We did not have a contract with him. Where do we stand on this?
If I were you I would not have given work in relation (.) This is but obvious to happen. When in family or in friends that is very common.
Now the damage is done. Only one thing is to let GO! You said you have paid the amount by cheque and he has NOT cashed it, so that is NOT your fault. Keep ALL the proofs of faulty work, how many hours he was there, actual man days etc.
keep a mediator and settle within family do not involve lawyers, court and other means that leads to no where, waste of time, aggravation.
Bottom line relation is much more then $$. Both should get it.
Best way is to settle out of court and in peaceful manner.
This is hard. I've done work for family, but I do it to help out so my labour is free and they pay material. If I had to get my crew involved yes I would have to charge it. We have a client not family that hasn't paid for all thr extras and their invoice. We tried to resolve it but they feel that they know better than the law. So we liened and started court action. So, It goes both ways.
Like Nitin said. Family is important try to resolve out of court as someone will get hurt. Lots of money will be spent as well. Do you know if he ever received the cheque?
I feel for you and wish you all the best.
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