Dick called me a few nights ago. I didn’t recognize the number on my phone so I answered it. He said that the only people benefiting from this lawsuit are the lawyers and I agreed. He said he was willing to settle. I asked him to elaborate. He obviously hadn’t really thought it through, I think he was hoping I would offer him some money and when I threw it back at him, he didn’t know what to say. After a minute or two of stammering, he said “well I’m willing to take a LOT less than you owe me”. I asked him again, “what does that mean”? He said that he would go away if I would pay him what the subs were owed. I said I would think about it and then he added “and my contractor’s fee”. The contractor’s fee is supposed to be 10% of the cost of the house. I just said I’d think about it and I did. All night. I certainly wasn’t going to pay him any of his contractor’s fee, but I did want to see the sub contractors paid. I am relatively sure that even if I win in court, he will just file for bankruptcy so I’ll never see a penny. I’ll have additional attorney’s fees to pay if we go to trial, and I could use that money to finish the house.
I called my attorney in the morning and told him to send a written offer to Dick’s attorney stating that we were willing to drop the lawsuit if they would drop theirs and in return I would pay the subs directly. He was a little reluctant. He said Dick would see it as an insult. I persisted and he agreed to send an offer in the next few days.
Maybe, just maybe, I can get on with my life.
I know it isn’t fair that I can’t get reimbursement from him, but I’m absolutely positive that he will file bankruptcy rather than pay any judgment I may get against him. A judgment that will cost me thousands of dollars more in attorney’s fees.
thanks for listening…