I am a contractor who was engaged in a renovation project, Due to circumstances I was not able to be on premises daily. The customer was aware of this. She had let me go in December even after informing her that we would be there to complete the job. She had even mentioned due to the fact that she got another contractor to complete some of the tasks, she offered alternative tasks. She did give us a deposit, she did supply most of the materials when needed, however there were materials needed to complete tasks that were not present. We had offered to giver back more than half of the deposit, she never allowed me the opportunity to present the amount before she filed in small claims court. She is also trying to triple the amount to be paid to her. What am I to do? Do you have any insight.
I cannot be sure without looking at the complaint which was filed, but it appears as if the homeowner has filed a claim alleging that you violated Pennyslvania's Unfair Trade Practices Consumer Protection Law (the "UTPCPL"). Here is an explanation from another law firm about PA Courts approach UTPCPL:
https://www.wolfbaldwin.com/articles/commercial-litigation-articles/unfair-trade-practices-and-consumer-protection/
The most important distinction about the Pennsylvania UTPCPL is that any treble (i.e. triple) damages are at the Court's discretion. The Magisterial Court will not award her punitive damages, if you have acted in good faith and have tried to negotiate a resolution. You MUST appear in Court on the required day and you should be prepared to defend your position. At a minimum, I would bring the following items:
1. Any email or text message exchanges in which you tried to negotiate the portion of her deposit which was not used to buy materials or otherwise perform the contract;
2. Document any costs that you incurred to perform the contract, including buying materials, appearing on site to begin the work, applying for building permits;
3. Return any portion of her down payment which you cannot show that you spent performing the contract to the customer by way of a written check before the Court date;
4. When you appear in Court, explain that you were delayed on performing the contract for reasons outside your control, and that you communicated with the customer explaining the reasons why you were delayed;
5. Emphasize that the customer severed the contract despite your willingness to perform the work.
You have no right to keep any portion of the down payment which you did not use to start performing the project, so it is in your best interest to return any excess sums to the customer immediately along with an explanation of the costs which you incurred. When you mail this document to the customer, make sure that you send a copy to the Court so the Magisterial Judge knows that you are responding.
It would also help to say that you are sorry that you were unable to perform the contract on the timetable that you had originally hoped, but that you tried the best you could to explain the circumstances to her as soon as you became aware of the delay and tried to issue the partial refund to which she is entitled.
Parties can represent themselves in Pennsylavnia Magisterial Court, but hiring a lawyer might improve your chances at resolving this dispute efficiently. Please call me if you want to discuss.
You should really read the contract carefully one more time to make sure you really benefit from going to court