Signed Contract - Work "given away"!

[treeboss]

What is the name of your state? Maryland
In Late October I gave an estimate to and got a signed agreement from a local homeowner for tree work. The contract stated the work was to be done "the beginning of November". Many phone calls to the homeowner to pin down a date (delays due to heavy rains pushed our our previously promised work into last week) went unreturned due to lack of answering service or voice mail on her part. The Homeowner explained she travels frequently and we agreed we would do the work and "get up with her" upon completion, for the payment. We waived a deposit because she felt unsure about paying money for work not yet done.
I mobilized my crew this morning only to find the work had already been done! This is a $1,000 contract our company cannot afford to lose this time of year!
Do I have any recourse?
Please advise!

 

[loku]

You can sue her for breach of contract. It sounds like you should have an easy time of it in Small Claims Court.

 

[treeboss]

Broken Contract

Thanks for that! Do you happen to know what the monetary limit is in small claims court in Maryland?

What, if any, would be my cost for filing? I just want to reason out to see if it's worth it monetarily.

 

[mixtim]

The limit for small claims in MD used to be $ 2,500 (it would only go up). The filing fees are minimal - probably about $25 or so.

Make sure you file with the right local court (county where she resides).

 

[treeboss]

Thanks again!

I went to the Small Claims Court web site and followed their advice. I sent a registered letter, first, and gave her a date to reply with the line: If we do not hear from you within ten days' of receipt of this notice we will have no other option than to pursue this in small claims court".
Wish me luck! I'd really hate to sue a customer in our small community!