I hired a carpenter to remodel a small mudroom on my home in Massachusetts. He has a license as Construction Supervisor, which was required for this type of work.
He began work last December and finished in May; at that time he submitted a final invoice for $2200, $1500 of which was pre-paid. I sent him a check for $500, and disputed the final $200: he had added a charges for "travel from his home" and "material deliveries with his truck" that I had never agreed to pay.
I never heard from him, until his Small Claim notification arrived on Friday. He is suing me to recover the $200 that I disputed.
It's been a cheap education in Home Improvement Contractor Law for me: I've since learned that the law forbids the arrangement we worked under. I was paying him on a time-and-materials basis, and paid him in advance $500 at a time. We reached our contract completely via email (with nothing signed.) And we didn't discuss any costs other than time-and-materials used on the job...which I suppose is why I'll be in court on 10/6.
I am confident that the magistrate will find that I don't owe him the $200 that he claims: he won't be able to present anything that says I do.
I would like to answer the notice with a counterclaim to convince him to file a dismissal in advance of the trial. Can I sue him to recover the $2000 that I have already paid him, which he collected under our invalid contract?
I don't necessarily want to recover any money...but would love to recover my vacation day. ;-)