what are the legal repercussions to me for stopping payment on a check?

Question

I had a signed contract for a construction specialist to lay laminate flooring in 2 bedroom closets. The contract also stipulated that he was to replace and paint baseboards for both closets as well as 2 baths, kitchen, and entry way. He was also to paint new baseboards for the remainder of the condo. Inside of 1 closet, on both sides of the door coming up about 6" from the floor the door frame was shredded and the entire frame will need to be replaced. He made at least 2 holes in the wall above the baseboards and filled them with caulking and one of the wall areas collapsed into the wall after he left. All caulking was not done and/or was very sloppy. Several baseboards were too long and he crammed them in to fit and caulked the top of the baseboard hoping it would stay flush with the wall which it didn't. Quarter round wasn't painted or stained in all areas. Seven or eight of the remainder of the primed and painted baseboards that he had prepared for the rest of  the house have black marks on them that look like like magic marker. He blamed the marks on the store where we bought them, even though he had primed and painted all boards. When he left. he told me that it would be OK if I paid him some extra since he spent so long at my house, which of course I didn't. His parting words were "if I didn't have enough baseboards left for the rest of the house, that I knew where to get them". I post dated the check so he has not been able to cash the check yet. I stopped payment on the check today which he couldn't have cashed yet anyway, but he will not find that out until tomorrow. If he fights me verbally, I may take him to small claims court.

? · Accepted Answer

You need to read the fine print on his end of the contract. If you signed the contract and it states that he's not responsible for any damages caused by his company, though he should be, you could be held responsible...but only a judge can say that. I'd say a judge could over ride a contract with fine print such as that, though because it doesn't seem lawful.

I've cashed post dated checks before the date before, unless the teller didn't notice, post dating don't mean a thing.

Take lots of photos and have witnesses write statements because he will probably take you to court over this.

Rob M · Answer

you've screwed yourself 2 ways. 
1 - writing a bad check is an arrestable offense
2 - buy not paying him you have seriously limited his liability in any damages you may try sueing him for.

the second will probably be your biggest concern. The reason why his liability is limited is simple. He is a profesional worker. A proffesional is held to a higher standard of liabilty then say a friend who helps you renovate for some beer. This for this is fairly obvious. The Profesional SHOULD be held to a higher standard. Now the problem is whats the only difference legally between the 2? The proffesional gets paid. By not paying him you, have reduced his liabilty to the level of a buddy who came over to help and get drunk. (This by the way is the reason when a service industry professional messes up the first thing they do is offer you your money back)
 Essentially you have removed your own ability to sue him for damages

Anonymous · Answer

It will end up being a small claims case or a civil lawsuit.  he will surely come after you for the money and the court will have to decide how much you owe him.  It's not illegal to put a stop payment on a check if you have a good reason.  Insufficient funds etc is a different story!

monkeysofthebutt · Answer

Post dating a check does nothing. You can cash the check at any time.

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what are the legal repercussions to me for stopping payment on a check?

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