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You hired Mr. Ferguson to power wash
and stain your deck.

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[man] I tried several times
to get hold of him

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00:00:05,867 --> 00:00:07,133
and was ghosted.

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They just ignored me,
so now I'm ignoring them.

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-No!
-Why didn't you just go back?

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We wouldn't be in court.

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Contracting is something that

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is between a client and contractor.

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Once that trust is broken,
it's broken both ways.

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You gotta stop, this was not a marriage.

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He didn't cheat on you
with another contractor.

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You just had your panties in a twist.

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[narrator] Now, on Tribunal Justice...

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[theme music playing]

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[narrator] Today's case
was filed in Clayton, Missouri.

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[Britt] Your Honor, this is
case #3034, Sapienza v. Ferguson.

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All parties have been sworn in.

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-Thank you, Cassandra.
-You're welcome. You may be seated.

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[DiMango] Mr. Sapienza, you hired
Mr. Ferguson to power wash and stain

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your privacy fence
and your deck in your yard.

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He did the power washing.
There was a massive hailstorm

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which prevented him from moving forward,

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and you say he refused thereafter
to come back and finish it,

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so, therefore,
you're suing him for $1,350.

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Mr. Ferguson, you said that
he badmouthed you on posts,

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and you just didn't want
to be bothered with him any longer.

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You never went back because you thought
that he had fired you.

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So you don't owe him anything.

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So let's start.
First, let's look at your deck.

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Can we see P1?

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-Okay, that's your deck.
-That was the deck

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-prior to being stained.
-[DiMango] Correct.

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And let's see the deck with the hail.

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That's the hail. I mean, I couldn't
get over that when I saw that.

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I've never seen hail like that.

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-[Joseph] It was a heck of a hail.
-What jurisdiction are you in?

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In St. Louis, Missouri,
the county of St. Louis, Missouri.

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And that caused damage-- I mean,
literally pockmarks in your deck.

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-[Joseph] Yes, damaged.
-Okay, so how did come to hire

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Mr. Ferguson in the first place?

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There's a neighborhood website,
if you will, called Nextdoor,

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and just was looking for recommendations,

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or you know people saying
who they use for power washing

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or staining their decks or fences.

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And his was one of the names
that popped up.

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[DiMango] You contract with him
for how much money?

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Um, the total was 3,000, it was--

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Half-- We paid him 1,850--

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-[DiMango] So it was $3,700?
-Yeah, 37.

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And is that accurate, sir?

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The contract amount was for--
in the amount for $3,700 total.

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Labor and material.

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Eighteen hundred and fifty down,
1,850 on completion.

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[DiMango] I did see something somewhere
about power washing

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added on as a separate $500.
Is that accurate or not?

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No, it wasn't added on.
That was part of the original.

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-Correct?
-[Bill] The contract was dated April 30th.

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However, the day before that,

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Mr. Sapienza had a question
for me via text

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about the cost of the power washing,

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and he asked me if it was $500 for
the deck and $500 for the fence,

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and I said it was.

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-Now he's saying it was $500 for both.
-[DiMango] Wait, wait.

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I didn't hear anything about five--
I asked specifically

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about was there an add-on of $500.

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Was it a separate amount set forth
for the power washing, Mr. Sapienza?

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No, it was a total price.

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-And sir, do you agree with that?
-It was not mentioned

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-in the contract.
-[DiMango] Okay.

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So you agreed on April 30th,
you signed the contract.

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In May, you come and you pressure wash

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-the deck and fence. Correct?
-[Bill] Yes, ma'am.

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In the meantime,
before the hailstorm happened,

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a third party named Jeff texted me
and asked me to change the contract.

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Instead of the color
that they had chosen for me,

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they wanted to go in a different color,
and different manufacturer altogether.

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[DiMango] Okay, let's pause
a second. Who's Jeff?

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-That'd be my husband.
-[DiMango] Okay.

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Did you agree initially on the staining?
Did you agree on a color?

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We gave him a stain, a little can of stain
from what was left of the original deck.

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-So hopefully, to match that.
-[DiMango] Mm-hmm.

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You picked a stain color.
What color was it that you picked?

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-I don't--
-Do you recall?

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So I'll refresh your recollection.

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"Hey, Bill, this is Jeff.

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I don't want the color Chestnut. That is
the color on the can that we gave you.

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We want Valspar Rusticana for the deck,

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and Cedar Naturaltone for the fence."

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And then you write, "I have already
bought the stain.

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It was a special-order product."

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Jeff says, "I was afraid of that. Send me
the invoice, we'll take care of it."

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We have an invoice in here that says

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-that was 300 and some-odd dollars.
-[Bill] I do.

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-Is that correct? $302.
-$302.15

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-Did they take care of the cost of that?
-[Bill] No, ma'am.

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No money was ever paid.

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I had to replace that with the color
that they ordered,

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which was another $480.

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But you didn't give us any proof
of that in here, did you?

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-I did not.
-So now the hailstorm damages the deck.

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What happens next?

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We had to put everything
on hold because we had to see

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what the insurance
was going to pay for and not pay for,

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cover as far as the damage on the, uh,
the deck and the fence.

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Accurate? He says, "Listen,
I'm gonna contact my insurance company.

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You've got to wait."
Would that be correct, sir?

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He's gonna wait and postpone
everything until the insurance company

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makes their decision.

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Now, in June, you reach out to him.
What do you ask him in June?

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I asked him if he was a preferred
contractor for our insurance company.

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Are you a preferred contractor with
the insurance company that he used?

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-No.
-[DiMango] But you do have a contract

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-with him, and you're now putting him off.
-[Joseph] I do.

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-Correct, this is now month three.
-[Joseph] I did state in the text.

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You had April, you had May, June,

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now finally in July, what happens?

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Does the insurance company
come back to you?

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The insurance company came back and told
us what they would and wouldn't cover.

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They wanted to power wash the deck again,

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uh, just to see if all the little dimples
would come out.

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-Did you use his services?
-[Joseph] No.

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I tried to keep him informed, telling him
what was going on with the insurance.

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So then you did tell him, "We're gonna
go forward with the insurance company

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preferred contractor to have the deck
power washed again."

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-Power washed. Correct.
-Correct?

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-Correct?
-[Bill] No, ma'am.

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He never ever told me he was going to hire
anybody else.

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At which point, July 20th, I considered
that to be a breach of contract,

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and my services were no longer needed.

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[DiMango]
And then, what did you do then, sir?

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After I tried several times
to get a hold of him and was ghosted,

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um, I went ahead back
to the neighborhood website.

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One woman posted she was also
having trouble getting hold of him.

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And I replied to that post, and I said,
"I don't know if he's still in business,

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but here's the number that I used
to contact Mr. Ferguson."

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So that was the only thing
that was put in that text.

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Why didn't you just send him a text
that said, "I'm done"?

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It was the same reason they didn't respond
to my request for payment on the--

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Four months prior for the stain.

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They just ignored me,
so now I'm ignoring them.

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Okay, so let's see what else we can glean
from what's going on

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between the two of you. Judge Levy.

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[Levy] Is that right?
July 20th, it's your position

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that there was a breach
as Judge DiMango just suggested.

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-July 20th. When he told me...
-[Levy] July 20th.

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00:06:55,567 --> 00:06:57,633
...that there was a preferred contractor
coming to work...

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You believe there was a breach
right then and there?

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00:07:00,066 --> 00:07:01,900
Well, before that,
but that finalized it, yes.

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That's not true, that's a lie.

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[narrator] Coming up
on Tribunal Justice...

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The paperwork that you submitted,
this contract

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and the text messages
establish the fact that you're a liar.

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00:07:18,767 --> 00:07:21,700
[narrator] Joseph Sapienza
claims contractor Bill Ferguson

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00:07:21,767 --> 00:07:24,734
refused to finish staining
his backyard deck and fence.

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Now he's suing for $1,350.

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But Bill says Joseph made him
special order stain,

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then changed his mind
and didn't pay for it,

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so he owes nothing.

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July 20th. It's your position
that there was a breach

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-as Judge DiMango just suggested.
-July 20th.

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And when he told there was
a preferred contractor

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-coming to work...
-July 20th.

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00:07:42,834 --> 00:07:44,700
You believe there was a breach
right then and there?

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00:07:44,767 --> 00:07:46,700
Well, before that,
but that finalized it, yes.

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That's not true, that's a lie.

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00:07:48,200 --> 00:07:51,300
Five days after you said the contract
was done, you sent him a text

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00:07:51,367 --> 00:07:53,467
saying, "We can finish in September."

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00:07:53,533 --> 00:07:54,800
[Joseph] And we were okay with that.

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00:07:54,867 --> 00:07:56,967
Why'd you lie to Judge DiMango?

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00:07:57,033 --> 00:07:59,066
You just had your panties in a twist.

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00:07:59,133 --> 00:08:00,967
Tell me about this invoice
for this special paint

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00:08:01,033 --> 00:08:02,533
that you just provided us today.

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00:08:02,600 --> 00:08:06,400
You're a contractor, so you buy your
materials at a wholesale place, right?

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00:08:06,467 --> 00:08:08,133
And you have an account
at that place, right?

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00:08:08,200 --> 00:08:10,233
-I get a discount, yes.
-And you have an account there.

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00:08:10,300 --> 00:08:12,567
And when you go, as all contractors do,

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00:08:12,633 --> 00:08:15,767
you include on the house account
what job it is

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00:08:15,834 --> 00:08:18,867
that the items
that you are purchasing go to.

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00:08:18,934 --> 00:08:20,667
So, where is his address on there?

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00:08:20,734 --> 00:08:22,567
Where is the address of the job?

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00:08:22,633 --> 00:08:24,533
It's not on there.
Have you ever seen this invoice?

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00:08:24,600 --> 00:08:27,100
Uh, we sent picture
of it in the text, nothing...

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00:08:27,166 --> 00:08:29,200
-[Levy] And that was it? That was it.
-There was no...

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00:08:29,266 --> 00:08:34,332
So when you originally quote,
$3,700 was the total job, right?

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00:08:34,400 --> 00:08:36,467
-With power washing, yes.
-But it was $3,200

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00:08:36,533 --> 00:08:39,066
-for the stain of the fence...
-Correct.

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00:08:39,133 --> 00:08:40,400
-...and the deck.
-Correct.

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00:08:40,467 --> 00:08:43,200
And then $500 extra for the power washing.

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00:08:43,265 --> 00:08:45,700
-Absolutely not.
-[Levy] Absolutely not? Really?

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00:08:45,767 --> 00:08:47,000
Go to your text.

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00:08:47,066 --> 00:08:49,734
April 24th. This is you:

192
00:08:49,800 --> 00:08:51,867
"Hi, Joe, Bill Ferguson here.

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00:08:51,934 --> 00:08:56,767
The estimate for the deck and fence
staining comes at $3,200.

194
00:08:56,834 --> 00:09:00,900
Power washing will add another $500.

195
00:09:00,967 --> 00:09:03,433
What I meant was it's $500 for each.

196
00:09:03,500 --> 00:09:06,133
-[Levy] That's not what you said.
-Power washing the deck and the fence.

197
00:09:06,200 --> 00:09:08,400
Why don't you go
to the original estimate?

198
00:09:08,467 --> 00:09:10,133
[Bill] Then I misread the question.

199
00:09:10,200 --> 00:09:12,266
April 30th, 2024.

200
00:09:12,834 --> 00:09:15,000
-Show it to him, please.
-[Bill] April 30th, the contract?

201
00:09:15,066 --> 00:09:16,700
-The contract. Do you have it?
-[Bill] Yes.

202
00:09:16,767 --> 00:09:19,100
-I don't have it here.
-There you go, take a look at it.

203
00:09:19,734 --> 00:09:20,900
Oh, my goodness.

204
00:09:20,967 --> 00:09:24,100
Why don't you read it out loud, please?
What does it say?

205
00:09:24,166 --> 00:09:26,467
"Power wash deck, railings,
stairs, and posts."

206
00:09:26,533 --> 00:09:28,166
Two power washes, right?

207
00:09:28,233 --> 00:09:29,567
-[Bill] Yes.
-How much?

208
00:09:29,633 --> 00:09:31,433
-Thirty-seven hundred dollars.
-Yes.

209
00:09:31,500 --> 00:09:33,233
[laughs] That's why you lied.

210
00:09:33,300 --> 00:09:35,900
With respect to the special order.
I want to get back to that.

211
00:09:35,967 --> 00:09:40,367
You indicated on that quote
that it included all materials.

212
00:09:40,433 --> 00:09:43,033
What stain was that?
What were you going to put on?

213
00:09:43,100 --> 00:09:44,834
The stain that [falters] I bought.

214
00:09:44,900 --> 00:09:46,567
[Levy] And what stain was that?

215
00:09:46,633 --> 00:09:48,200
The stain that's on the invoice.

216
00:09:48,266 --> 00:09:51,000
-What invoice?
-The invoice that I showed you.

217
00:09:51,066 --> 00:09:55,433
I want you to explain to me
how you know that this invoice

218
00:09:55,500 --> 00:09:57,300
was for the Plaintiff's job.

219
00:09:57,367 --> 00:10:00,667
The 10 items listed are gallons of stain.

220
00:10:00,734 --> 00:10:03,667
Show me where it says
that it was the special-order stain

221
00:10:03,734 --> 00:10:05,567
for the Plaintiff's job.

222
00:10:05,633 --> 00:10:08,133
That's the paint manufacturer's numbers,
not mine.

223
00:10:08,200 --> 00:10:10,400
This is a pointless invoice.
And you knew that.

224
00:10:10,467 --> 00:10:12,667
Yeah, it didn't have our name
or anything on it.

225
00:10:12,734 --> 00:10:14,266
Of course, it's not your first rodeo.

226
00:10:14,333 --> 00:10:18,667
So if I understand you, your argument
is that "I kept the Plaintiff's money,"

227
00:10:18,734 --> 00:10:21,467
the half payment of $1,850.

228
00:10:21,533 --> 00:10:25,066
Five hundred of that you earned
for doing the power wash.

229
00:10:25,133 --> 00:10:28,066
You said it was 1,000. But we'll
take care of that issue in the back.

230
00:10:28,133 --> 00:10:30,200
So, 500 of that is gone.

231
00:10:30,266 --> 00:10:31,834
That leaves 1,350.

232
00:10:31,900 --> 00:10:37,133
You claim to have this special-order paint
that you think you're entitled to, right?

233
00:10:37,200 --> 00:10:38,767
For $300.

234
00:10:38,834 --> 00:10:40,300
-[Bill] Yes.
-That you can't return.

235
00:10:40,367 --> 00:10:43,934
So in your mind, you're saying
I'm gonna take part of that 1,350,

236
00:10:44,000 --> 00:10:47,433
and I'm just going to pay myself
for that special-order paint. Right?

237
00:10:47,500 --> 00:10:50,333
What we have-- what you're talking about
is a breach of contract.

238
00:10:50,400 --> 00:10:52,533
Stop! Am I right with the math?

239
00:10:52,600 --> 00:10:55,133
The contract's down payment
was $1,850.

240
00:10:55,200 --> 00:10:57,567
-There is no 1,350.
-[Levy] What!

241
00:10:57,633 --> 00:11:00,667
The paperwork that you submitted,
this contract

242
00:11:00,734 --> 00:11:03,967
and the text messages establish
the fact that you're a liar.

243
00:11:04,033 --> 00:11:07,433
I've honestly told you the truth,
and I certainly didn't lie to anybody.

244
00:11:07,500 --> 00:11:09,333
You still owe him money,
as far as I'm concerned.

245
00:11:09,400 --> 00:11:11,567
-Judge Acker.
-Thank you, Judge Levy.

246
00:11:11,633 --> 00:11:15,300
I want to back up with you, sir,
and clarify a few points.

247
00:11:15,367 --> 00:11:18,667
When the Plaintiff said,
"September's fine,"

248
00:11:18,734 --> 00:11:21,633
why didn't you just go back?
We wouldn't be in court.

249
00:11:21,700 --> 00:11:25,000
The reason-- because what this judge
is saying was--

250
00:11:25,066 --> 00:11:28,533
is not really a receipt,
is a receipt and I had to pay it.

251
00:11:28,600 --> 00:11:30,867
It was their fault
that I had to pay this.

252
00:11:30,934 --> 00:11:33,100
They did not reimburse me for this.

253
00:11:33,165 --> 00:11:35,800
That's when I decided
that this is a breach of contract.

254
00:11:35,867 --> 00:11:37,967
-It's not fair to me.
-[Acker] Hang on, hang on.

255
00:11:38,033 --> 00:11:40,900
They paid you $1,800 up front, correct?
-1,850, yes, ma'am.

256
00:11:40,967 --> 00:11:44,633
So even if I take your position
that you meant to say

257
00:11:44,700 --> 00:11:47,767
that the power washing
was a thousand dollars,

258
00:11:47,834 --> 00:11:50,233
you still have 800 of their dollars.

259
00:11:50,300 --> 00:11:53,100
Why would you get so bent out of shape

260
00:11:53,165 --> 00:11:55,967
over an allegedly unreimbursed invoice

261
00:11:56,033 --> 00:11:59,867
when they've already overpaid you
for what you've done thus far?

262
00:12:01,266 --> 00:12:03,867
[narrator] Coming up
on Tribunal Justice...

263
00:12:03,934 --> 00:12:07,166
He just said, "Hold on for a second
while I talk to my insurance company."

264
00:12:07,233 --> 00:12:09,734
You just got all mad,
because I guess

265
00:12:09,800 --> 00:12:13,033
you believe in contractor monogamy.

266
00:12:17,667 --> 00:12:20,467
[narrator] Joseph Sapienza
says contractor Bill Ferguson

267
00:12:20,533 --> 00:12:23,667
refused to finish staining
his backyard deck and fence.

268
00:12:23,734 --> 00:12:27,934
Joseph now wants
his down payment back, $1,350.

269
00:12:28,000 --> 00:12:31,800
But Bill claims he did the work he was
paid for, and that Joseph is the one

270
00:12:31,867 --> 00:12:33,500
who breached their contract.

271
00:12:33,567 --> 00:12:36,200
Why would you get so bent out of shape

272
00:12:36,266 --> 00:12:39,165
over an allegedly unreimbursed invoice

273
00:12:39,233 --> 00:12:43,133
when they've already overpaid you
for what you've done thus far?

274
00:12:43,200 --> 00:12:45,033
I've got the 300 here for the stain.

275
00:12:45,100 --> 00:12:47,967
I've paid another almost $500
for the new stain that they ordered

276
00:12:48,033 --> 00:12:51,867
that's-- and then it's a thousand dollars
for the power washing that we did.

277
00:12:51,934 --> 00:12:53,734
-Contracting, I've been--
-[Acker] So you say.

278
00:12:53,800 --> 00:12:55,867
I've been at the contracting business
for a very long time.

279
00:12:55,934 --> 00:12:57,300
Sir, sir, sir.

280
00:12:57,367 --> 00:13:02,266
If you were that concerned
about that unreimbursed invoice,

281
00:13:02,333 --> 00:13:05,967
why not simply say, "You know what,
I'd like to clear this invoice first,"

282
00:13:06,033 --> 00:13:08,700
especially if there's been a big gap
in time in the work.

283
00:13:08,767 --> 00:13:10,567
Like, we're all grown-ups here.

284
00:13:10,633 --> 00:13:14,467
When they told me they would reimburse me
for the stain that I had to return

285
00:13:14,533 --> 00:13:16,967
because it was special order,
I took them at their word.

286
00:13:17,033 --> 00:13:19,900
Contracting is between a client
and a contractor.

287
00:13:19,967 --> 00:13:21,400
-[Acker] Look. Everybody--
-It's a trust.

288
00:13:21,467 --> 00:13:23,934
Once that trust is broken,
it's broken both ways.

289
00:13:24,000 --> 00:13:25,834
You gotta stop. This was not a marriage.

290
00:13:25,900 --> 00:13:27,333
This was a business relationship.

291
00:13:27,400 --> 00:13:29,533
He didn't cheat on you
with another contractor.

292
00:13:29,600 --> 00:13:32,165
This was an arms-length
business transaction.

293
00:13:32,233 --> 00:13:35,800
His deck was damaged. He wanted to see
if you were going to be covered.

294
00:13:35,867 --> 00:13:39,600
He just said, "Hold on for a second
while I talk to my insurance company."

295
00:13:39,667 --> 00:13:44,700
You just got all mad because I guess
you believe in contractor monogamy,

296
00:13:44,767 --> 00:13:46,867
but I just don't think it's that serious.

297
00:13:46,934 --> 00:13:48,633
What did you think was going on?

298
00:13:48,700 --> 00:13:51,033
We do have that text of the invoice,

299
00:13:51,100 --> 00:13:55,133
but as Judge Levy said, there was nothing
on there that said it was ours.

300
00:13:55,200 --> 00:13:59,600
So we didn't know. And again, at the end,
if he says we fired him,

301
00:13:59,667 --> 00:14:02,367
does that mean he gets to keep all
this stain that he bought for us?

302
00:14:02,433 --> 00:14:05,400
I mean, it didn't-- None of it
made sense, so I'm trying to talk to him,

303
00:14:05,467 --> 00:14:07,066
but he's not replying to me.

304
00:14:07,133 --> 00:14:09,667
-Did he ever say I can't come back...
-I sent him stuff to keep him up to speed.

305
00:14:09,734 --> 00:14:12,266
-...until you clear this? Did he say that?
-No!

306
00:14:12,333 --> 00:14:13,767
We thought he was coming.

307
00:14:13,834 --> 00:14:17,367
"Send me an invoice. We'll take care
of it." I never, ever got a response.

308
00:14:17,433 --> 00:14:19,533
Still have not. To this day.

309
00:14:19,600 --> 00:14:21,700
That's not true. In your answer you said,

310
00:14:21,767 --> 00:14:23,734
"I said I'd come back,
and they couldn't wait."

311
00:14:23,800 --> 00:14:25,100
He did say he could wait.

312
00:14:25,166 --> 00:14:26,734
He said, "Fine, September."

313
00:14:26,800 --> 00:14:29,700
So, sir, I'm sorry,
you've not been candid.

314
00:14:29,767 --> 00:14:30,767
I don't have anything else.

315
00:14:30,834 --> 00:14:34,066
I just have a couple
of follow-up questions for both of you.

316
00:14:34,133 --> 00:14:38,367
When you got the invoice,
why did you say to him,

317
00:14:38,433 --> 00:14:41,033
"Hey, how do we know this belongs to us?"

318
00:14:41,100 --> 00:14:44,133
We honestly thought that was, like,
the preliminary, like--

319
00:14:44,200 --> 00:14:47,333
This is what I'm going to be buying.
We didn't know he bought it or--

320
00:14:47,400 --> 00:14:50,633
But he did say, "I bought it
and Jeff said we'll cover it,

321
00:14:50,700 --> 00:14:52,367
send the invoice," and he sends this.

322
00:14:52,433 --> 00:14:54,600
So, why didn't you then say,

323
00:14:54,700 --> 00:14:56,734
"Well, how do I know this is our invoice?"

324
00:14:56,800 --> 00:14:59,667
Yeah, that is not our invoice
that we knew of,

325
00:14:59,734 --> 00:15:02,533
and I wanted a paper copy of this.

326
00:15:02,600 --> 00:15:04,400
What did you have?
You didn't have a paper copy?

327
00:15:04,467 --> 00:15:06,800
I have a text of it, that's all I have.

328
00:15:06,867 --> 00:15:11,400
And now I say to you, you can't
submit documents to clients

329
00:15:11,467 --> 00:15:13,700
where they themselves have no way
of knowing

330
00:15:13,767 --> 00:15:17,433
whether or not they're accurate,
truthful or not.

331
00:15:17,500 --> 00:15:21,000
It just says 10 items.
It could have been 10 nails.

332
00:15:21,066 --> 00:15:23,400
And can you return the paint color

333
00:15:23,467 --> 00:15:27,033
that wasn't a special order by then,
the Valspar and the other one?

334
00:15:27,100 --> 00:15:29,734
Within 30 days you can,
but after that you can't.

335
00:15:29,800 --> 00:15:32,800
But then you could have, so the point is
you could've returned that.

336
00:15:32,867 --> 00:15:35,367
One other thing,
why wouldn't you want his business?

337
00:15:35,433 --> 00:15:37,533
I mean, he paid you.
It's not like he screwed you

338
00:15:37,600 --> 00:15:39,400
out of the first half that you asked for.

339
00:15:39,467 --> 00:15:41,633
-It made no sense.
-Once it becomes a point

340
00:15:41,700 --> 00:15:44,667
where someone owes you money, and they
did not pay, and they do not respond

341
00:15:44,734 --> 00:15:47,300
-to your bill, that's why.
-[DiMango] That's it.

342
00:15:47,367 --> 00:15:49,233
-Well, I thank you...
-I have two things.

343
00:15:49,300 --> 00:15:50,734
-Couple of questions.
-Yep, just two.

344
00:15:50,800 --> 00:15:52,867
Following up.
'Cause I was a little confused.

345
00:15:52,934 --> 00:15:57,934
You're arguing the $500 was each.
To power wash the deck, $500,

346
00:15:58,000 --> 00:15:59,934
and power wash the fence, $500.

347
00:16:00,066 --> 00:16:02,100
-That's a thousand dollars.
-Correct.

348
00:16:02,166 --> 00:16:07,133
You would agree that the amount that you
charged for the staining was $3,200?

349
00:16:07,200 --> 00:16:09,500
No. The contract was 3,700.

350
00:16:09,567 --> 00:16:12,734
Stop! You have a text message
that clearly says

351
00:16:12,800 --> 00:16:15,033
the staining was $3,200.

352
00:16:15,100 --> 00:16:18,500
That was a preliminary discussion
before the contract.

353
00:16:18,567 --> 00:16:20,066
It's not part of the contract.

354
00:16:20,133 --> 00:16:21,667
[Levy] What? Oh, my God.

355
00:16:21,734 --> 00:16:24,867
That's just plain dishonest.
You know that. I have nothing further.

356
00:16:24,934 --> 00:16:28,734
So, since you're on the defense,
I'll let you have the last word.

357
00:16:28,800 --> 00:16:32,133
Quite frankly, I'm flabbergasted.
I tried to present an honest case.

358
00:16:32,200 --> 00:16:33,500
I'm an honest person.

359
00:16:33,567 --> 00:16:35,000
Obviously, it didn't work.

360
00:16:35,066 --> 00:16:36,967
-I have nothing else.
-We're gonna retire to deliberate.

361
00:16:37,033 --> 00:16:38,400
-Thank you both.
-[Joseph] Thank you, Judges.

362
00:16:38,467 --> 00:16:41,600
Court is now in recess.
Parties will be recalled.

363
00:16:49,233 --> 00:16:54,200
Okay, so I think we all made the same
points with regard to the $500.

364
00:16:54,266 --> 00:16:57,165
And I know that he agreed
to stain for 3,200,

365
00:16:57,233 --> 00:17:01,967
and add on that 500 to the bill
to make it 37.

366
00:17:02,033 --> 00:17:05,834
When he comes in, he power washes,
and he doesn't do beyond that.

367
00:17:05,900 --> 00:17:09,066
My feeling is I'm willing to have
the Defendant keep the $500

368
00:17:09,133 --> 00:17:11,934
and return the 1,350 to the Plaintiff.

369
00:17:12,000 --> 00:17:14,633
First of all, he says he's an honest guy,
he's an honest contractor.

370
00:17:14,700 --> 00:17:16,066
He's not.

371
00:17:16,133 --> 00:17:18,967
And it's the reason why the Plaintiff,
when he went online to check him out,

372
00:17:19,032 --> 00:17:21,900
got that very same feedback
from the people in the community.

373
00:17:21,967 --> 00:17:22,967
He's a grifter.

374
00:17:23,032 --> 00:17:26,633
I said, "Listen, isn't it true that you
just kept that 1,350

375
00:17:26,700 --> 00:17:29,734
and figured you got to pay yourself
for whatever it is that you spent?"

376
00:17:29,800 --> 00:17:32,200
And of course, the answer is yes,
but he denied it.

377
00:17:32,266 --> 00:17:33,934
He said no,
it was just a breach of contract.

378
00:17:34,000 --> 00:17:37,767
'Cause what I was gonna say is
if you use that 1,350

379
00:17:37,834 --> 00:17:42,166
to pay yourself back for these nonsense
invoices that you gave us today,

380
00:17:42,233 --> 00:17:44,100
then why not give them
the specialty paint?

381
00:17:44,166 --> 00:17:46,333
And-- but for the fact that the Plaintiff
kept these copious records,

382
00:17:46,400 --> 00:17:48,367
he would have gotten away with it.

383
00:17:48,433 --> 00:17:51,000
He owes, to your point, the 1,350.

384
00:17:51,066 --> 00:17:52,967
I was also really troubled by the fact

385
00:17:53,033 --> 00:17:55,834
that his testimony today
was so completely at odds

386
00:17:55,900 --> 00:17:57,400
with the answer that he swore out.

387
00:17:57,467 --> 00:18:00,900
He said today that the Plaintiff breached.

388
00:18:00,967 --> 00:18:03,133
In his answer he said,
"I wanted to come back,

389
00:18:03,200 --> 00:18:04,934
and they didn't want to wait,"

390
00:18:05,000 --> 00:18:06,367
which is patently untrue.

391
00:18:06,433 --> 00:18:09,633
The Plaintiff said, "Sure,
come back in September.

392
00:18:09,700 --> 00:18:10,934
What's your schedule like?"

393
00:18:11,000 --> 00:18:13,166
And did he really get that offended

394
00:18:13,233 --> 00:18:16,400
over somebody looking
at other contractors,

395
00:18:16,467 --> 00:18:18,834
like cheating on him
with other contractors?

396
00:18:18,900 --> 00:18:22,100
You know, my goodness,
I think he got so worked up

397
00:18:22,166 --> 00:18:24,834
that his story just started to unfold,

398
00:18:24,900 --> 00:18:27,967
so I would certainly join
a verdict for 1,350.

399
00:18:28,033 --> 00:18:29,700
Perfect. Unanimous verdict.

400
00:18:33,633 --> 00:18:36,934
Court is back in session. Both parties
are reminded that you're still under oath.

401
00:18:37,000 --> 00:18:38,700
-Thank you, Cassandra.
-You're welcome.

402
00:18:38,767 --> 00:18:42,166
Gentlemen, much of what you say
in the courtroom we can give credit to,

403
00:18:42,233 --> 00:18:45,667
but when it's belied by the text messages,

404
00:18:45,734 --> 00:18:49,033
you know, it's just not
a good thing for your position.

405
00:18:49,100 --> 00:18:53,033
And the two things that we hung our hat on
with regard to credibility,

406
00:18:53,100 --> 00:18:57,633
really, sir, militated completely
against your credibility.

407
00:18:57,700 --> 00:19:01,533
And I'm gonna read them.
The April 30th bill is pretty clear.

408
00:19:01,600 --> 00:19:06,867
$3,700 for the whole job,
500 only for the power washing.

409
00:19:06,934 --> 00:19:10,700
And what you did in this case
really was just the power washing.

410
00:19:10,767 --> 00:19:14,100
The second thing that we have here
is to whether or not

411
00:19:14,166 --> 00:19:17,600
the contract was breached by you,
the Plaintiff, or you, sir.

412
00:19:17,667 --> 00:19:20,934
And that last statement here
is on July 25th

413
00:19:21,000 --> 00:19:23,266
when he keeps telling you,

414
00:19:23,333 --> 00:19:25,066
"We're leaving you messages," and all,

415
00:19:25,133 --> 00:19:28,667
and you say, sir, "We have moved on
after you informed me

416
00:19:28,734 --> 00:19:31,066
that you were using other contractors.

417
00:19:31,133 --> 00:19:33,967
I won't have an opening until September."

418
00:19:34,033 --> 00:19:37,166
The Plaintiff's response,
"Understandable."

419
00:19:37,233 --> 00:19:40,667
Once again, you were the one
that never followed through.

420
00:19:40,734 --> 00:19:43,700
The receipt that you showed
with regard to the paint

421
00:19:43,767 --> 00:19:46,200
clearly did not specify in any way

422
00:19:46,266 --> 00:19:49,934
whether it was for the stain that you
used, for the power washing materials.

423
00:19:50,000 --> 00:19:51,600
It was completely unclear,

424
00:19:51,667 --> 00:19:54,166
and no reason for him
at that point to pay for it.

425
00:19:54,233 --> 00:19:57,667
And no other reiteration
about whether or not

426
00:19:57,734 --> 00:20:00,967
money was due and owing
from either one of you in that position.

427
00:20:01,033 --> 00:20:05,200
So it's unanimous. We are going to render
a verdict in favor of the Plaintiff.

428
00:20:05,266 --> 00:20:07,100
Sir, minus the $500,

429
00:20:07,166 --> 00:20:10,367
which we're going to allow you
obviously to hold onto,

430
00:20:10,433 --> 00:20:14,433
the verdict here is for $1,350.

431
00:20:14,500 --> 00:20:17,166
Verdict in your favor unanimously, sir.

432
00:20:17,233 --> 00:20:18,600
-[gavel bangs]
-Thank you.

433
00:20:18,667 --> 00:20:20,633
This case has concluded.
All parties are excused.

434
00:20:24,467 --> 00:20:26,367
Today, I got called a liar by a judge.

435
00:20:26,433 --> 00:20:29,900
It feels it's just,
so I'm glad it turned out this way,

436
00:20:29,967 --> 00:20:31,633
although I'm sorry it had to happen
in the first place.

437
00:20:31,700 --> 00:20:36,633
Well, apparently he had a lot more savvy
as to putting text messages down

438
00:20:36,700 --> 00:20:38,800
on a printed page than I do
because I have none.

439
00:20:38,867 --> 00:20:42,166
It's shame he had to ghost me, I mean,
I think we could've worked it out

440
00:20:42,233 --> 00:20:43,500
if we would've just talked,

441
00:20:43,567 --> 00:20:45,100
but you can't talk to somebody
who won't talk to me, so...

442
00:20:45,166 --> 00:20:46,300
He got paid both times.

443
00:20:46,367 --> 00:20:49,600
No, we did not get paid by the insurance
company for the decking at all.

444
00:20:49,667 --> 00:20:52,834
I've worked with people like him before,
and I just try to avoid them.

445
00:20:52,900 --> 00:20:55,400
It's stained and it's done,
so we'll just move on.

446
00:20:56,133 --> 00:20:58,633
[narrator] Did someone break an agreement?

447
00:20:58,700 --> 00:21:04,066
Let Tribunal Justice decide your case.
Find us on social media.

448
00:21:04,934 --> 00:21:06,934
[theme music playing]