I hired a contractor who was refered to me by a kitchen and bath store to renovate our kitchen. The job was performed in mid 2004. We also had the contractor renovate a downstairs powder room and the basement. The cost of the project was in excess of 100k. During the later phases of the project, particularly the basement, the contractor became harder and harder to reach to finish the job. He was becoming very busy with other bigger jobs. Our home is in Westchester NY and he was super in-demand. I provided him with a detailed punch list that included various minor fixes as well as the final gas inspection and c-of-o permit. I called him repeatedly for a period of 3 months or so to get him to finish the job. He consistently said he would take care of it and then I wouldn't hear from him. I finally gave up. There were some outstanding invoices but given the job was never finished I didn't pay them.

In 2005-07 we used a different contractor for other renovations. We had the new contractor perform the necessary fixes on the kitchen/basement job and get the gas inspection and c of o.

Almost 3 years after my last conversation with the original contractor, I have received a letter from him requesting payment of the unpaid balance of about $5000. I responded saying that the job was never finished and I consider our business relationship terminated. 3 months passed and he just sent another letter requesting payment and now also claiming that some other bill for work was never paid of another 5k or so. My records are sketchy as far as this second 5k. I may or may not have paid it. Its been almost 3 years and I had everything on computer but I had a computer meltdown a couple of years ago and lost everything.

What do I tell this guy? Obviously I have been assuming I didn't owe him anything anymore. What are my rights? Is he contacting me before 3yrs because of some statute of limitations?

My thoughts are to respond saying I am not paying because the job was never finished, that he caused me a lot of heartache during the final phase of the job ( I must have called him a dozen times). I also feel that I have lost the ability to ask him to fix problems that have developed over the last couple of years. I believe I could also suggest I will report him to the better business bureau if he persists and possibly give his name to various kitchen and bath stores in the area as someone not to use.

I'm looking for some advice. Any thoughts?

Thanks