Contractor Is Suing Me

I will try to keep this brief and bulletin, more details can be provided if necessary.

I had a house fire causing damages to my home on January 6 2023.

Insurance adjuster provided a scope for damages totalling $197,766.50.

Contract signed with my GC to complete repairs in the scope for the exact price of the scope on March 8th 2023.

Contract stated 50% up front, 50% upon completion. Payment was disbursed differently due to mortgage company disbursement schedules, providing a 33% up front and periodically draws based on percentage of work completed. Contractor was accepting of this.

To date, $164.229.74 has been paid to the contractor.

He has stopped work, considering job completed as of May 2024.

I have repeatedly asked him to complete the work that was not done, or to correct work done incorrectly or not to satisfaction. He has not done so

I have withheld the final money due $32 536.76. After he has not fixed construction defects (including inadequatly sealed windows that are leaking water, facia boards that are gapped and wavy, gutters that do not funnel water away from house) and has not completed all jobs in the contract (failed to install wired security system, shelving and walls in basement, exterior lights)

I have multiple written communications with my contractor about using cheaper products (vinyl flooring vs hardwood, paint vs wallpaper etc) in which he tells me that money saved in one area will be credited toward overages in other areas (upgraded counters for instamce)

I paid overages on material costs to him totalling $3500 during the construction time, and also provided a dishwasher when it was contracted that he provided one. He indicated that the billing would be adjusted to reflect these items.

During this time I repeatedly asked for my final bill and asked for details billing to ascertain what monies were owed to the contractor.

He has refused to let me know where the additional monies were spent, and which items came in below budget as agreed.

In August 2024, I began hiring 3rd party inspectors to document the faulty work, and hired different contractors to complete some work my original contractor refused to do.

In September 2024 I sent a Notice of construction defects to my contractor pursuant to missouri state law. I asked for him to adjust the billing to credit me for work not preformed, and to adjust for actual costs vs, costs estimated. He refused and said he would contact a lawyer. I sent him a detailed list of work not completed, as well as work deemed faulty and needing correction.

In total, there is $40,421.21 worth of items that he has not completed, based on our origional contract.

Yesterday, he filed suit for the remaining balance on our contract $32536,76. He has cited 3 counts. Breach of contract, unjust enrichment, and quantum meruit.

In ancient effort to reduce my own legal costs to defend myself, I want to get as much of the legwork done that I can before hiring a lawyer. What steps or documentation should I prepare?

I do understand that I can recoupment legal fees if I am victorious in my claim, but as I am sure you all understand, being awarded a judgement and being paid on a judgemental are 2 completely different things and the money to defend myself will quickly eat up the remaining money I have withheld from the contractor, making it so I am unable to afford to have repairs completed. Collecting on a judgement will also be difficult as during the course of my construction project, my contractor list a different cour case and has over 80k worth of garnishments on his accounts according to public record.