We are homeowners who hired a contractor to build a dirt pad for our foundation of our home to sit on. -Contractor was provided foundation plans -Site pad was built but not correct size, unlevel, and did more damage (not an improvement) -contractor dug 4 feet down causing us to have to bring in more dirt and hire a drainage specialist -contractor claimed job was done and asked for final payment -we hired a licensed surveyor to confirm its incompleteness and incorrectness which we relayed to the contractor asking him to return to correct -contractor claims it's complete and is suing us for breach of contractor for non-payment Do we have a case? Should we countersue?