We signed a contract with Mr. Dunkovich in early May of 2000 for some contracting and landscaping type work. Per the contract we gave him 1/4 of the amount agreed upon at the signing of the contract. He was paid with a check. He tried to cash the check the next day at his bank. His bank told him they would have to hold it for 7 to 10 working days for it to clear. That wasn't good enough for him. He attempted to cash it at our bank. They told him if the check was made out to him they would do it on the spot, but since it was made out to his business, it would take 5 days. He tore the check up, put it in an envelope and left it in our mail box with a note saying that he wanted cash to shart the project. We gave it to him (dumb move on our part).
The work involved the rear part and the front part of the property. A wooden retaining wall was to be removed, a old cement patio was to dug up and hauled away, and a pine tree was to be taken down and stump removed in the rear of the property.
A block retaining wall was to be put up, and a new cement patio poured in the rear of the property.
A driveway and brick retaining wall was to be removed from the front of the property. A new driveway and block retaining wall was to be installed in their place. The block in the front was susposed to be totaly different than the block to be used in the rear project.
The pine tree was taken down (the stump is still there), the retaining wall was removed and hauled away, and the cement patio was broken up and hauled away. Mr.Dunkovich then asked for another payment (per the contract), and it was given to him.
This is where all Mr. Dunkovich's excuses start. Ranging from I cant get the kind of block you want for the rear wall, to my truck broke (2 weeks to fix) & I had to fire all my lazy workers.
After numerous phone calls,letters and legal actions against
Mr. Dunkovich, he now refuses to complete the work or return any of the money given him per the contract.
Per Pennsylvania law, the DA wont take any action against him, unless we can prove that he does this regularly.