Customer refuses to pay balance

UPDATED: Oct 2, 2022

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Customer refuses to pay balance

My husband and I own a concrete coating business. We just finished a floor 110 miles away. We always request half down which was paid by the homeowner However, upon completion of the project, They are refusing to pay the remaining balance. We have made to extra trips there which would be $440 extra miles to try and make the customer happy. We made it clear to them when working with concrete in a basement there can be out gassing which causes a little tiny air bubbles to emerge from the concrete. We cannot foresee this happening until the floor is done so they were tiny air bubbles. They had paid us the remaining balance but then canceled the check. We went back there like I said to extra trips to try and fill in the holes which we told them we could do but it may be even more obvious a more noticeable. The husband stated that he doesn’t care he knows you’re probably be able to see him because we can’t match the colors perfectly but just so long as there is not the divots. He checked the work over and said it looked great so we put the final top coat on and now they’re refusing to pay us even though there was additional fees that we had to take upon ourselves for product, wages, fuel and time. I understand that the outcome is not exactly what they wanted due to the shape of their concrete which we could not control. However, they are refusing to pay us the remaining balance of $6549.50. In addition she is requesting her money back for the 1st $6700 that she paid us.

Asked on October 1, 2019 under Business Law, North Dakota


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the customer for breach of contract / account stated. Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed. 
The maximum amount of damages you can claim in your state's small claims court will determine whether you can file your lawsuit in small claims court or in a higher court. Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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