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    red818's Avatar
    red818 Posts: 3, Reputation: 1
    New Member
     
    #1

    Dec 10, 2005, 05:19 PM
    Signatures
    Here's my situation. I wanted my bathroom remodeled and called a guy who was recommended to me to bid on the job. He was related to a friend, so I decided to have him bid on the job. He came and looked over the bathroom, took measurements, and a week later came back with a bid.

    When he gave me the bid on a contractor's invoice (the kind you could buy at Office Max), his bid - which was never signed - was higher than I believed was necessary to complete the job, so I rejected it. I told him over the telephone that I could not accept his bid. He stated that he estimated very high and that the total would be "significantly less". I told him an amount that I wanted to pay for the work. He accepted that and began the work.

    The second day into the work, I gave him a check for half of the amount of the total that I accepted so that he could purchase supplies. He also brought another worker with him. This worker was never mentioned anywhere in the original bid and I never agreed to hire him as well. I only agreed to hire one person, but no bid was ever signed by either the contractor or me.

    There were several mistakes that were made by the contractor in the course of the work that caused delays and ultimately the work wasn't done to my specifications. When he was nearing the last day of working on the project, he left a note - which was his only form of communicating - that said to leave him a check for double the amount that we had agreed to. Assuming that he forgot that I gave him the original check, I sent him a check for the final half of our agreed upon amount, along with a letter stating my dissatisfaction and disappointment with the overall job that he did.

    Over a week had passed sense I sent the check, and in checking my bank account, he had not cashed the check. Today, I received an avidavit from the Small Claims Court that stated that this guy is suing me for $1500 more than we agree to.

    Since there was nothing signed, what legal basis does he have and do I have? Basically, it comes down to his word against mine. Also, the additional amount that he is suing me for is to pay for the labor of the other worker that helped him during the project. I believe that I have been very fair in the amount that I have paid him.

    I appreciate any insight that can be given on this.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 10, 2005, 06:43 PM
    Mistake
    Well you have about a 50/50 chance of winning.

    First even if you had a "bid" most bids are just that estimates that allow for increases if certain factors happen. What you needed was a binding contract for services, which is much more than an estimate.

    First he did not sign anything, nor did you sign anything. All your error which basically allows him to charge what he wants.

    Now it will be your word against his.

    If the work was not done correctly you should get an est for correcting the work, and counter sue for the amount to correct the work done.
    Also if you can get another contractor to testify the work was not done correctly, it can help your case.

    Take photos of the work, take the first bid, and make a written records of @ dates and times you talked to him on the phone about the work.

    Also if he was doing the work as a contractor, you are not hiring him as an employee, so he would be free to bring as many people as he wants, since he is paying them from the money he is being paid.

    Often contractors bid on jobs but they never actually do any of the work, they merely sub contract out all of the work and keep a over-ride on the jobs they do.

    Some states allow attorneys in small claims courts, most don't.
    But you can review your case with an attorney and let him give you material to use in court.

    But normally you go in, tell your side of the story, he tells his, the judge then decides who is telling the truth and rules.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Dec 10, 2005, 07:49 PM
    I agree with the response above but I just want to add that it is very important that you get at least one written estimate (2 would be better) from other contractors for the cost of repairing/correcting the work that was done.

    Technically, when someone does work for you and there is not an agreed-upon price in writing, then the person who did the work is entitled to be paid for the value of his work. I don't know if it's possible but see if the contractors you bring in for estimates can give you something in writing that states the value of the work this guy did for you. I know that they haven't seen the bathroom prior to the work being done but they may be able to give you an approximation of the value of the work that was done. This increases your odds of winning, since it is no longer his word against yours, but his word against yours plus one or two of your "experts".

    Good luck!
    red818's Avatar
    red818 Posts: 3, Reputation: 1
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    #4

    Dec 13, 2005, 12:00 PM
    Clarification
    Thank you for the replies that have been given to my post. They are really appreciated and helpful

    There is something, however, that I need to clarify. When I hired this individual, I did not hire him as a contractor from a business. I hired him as one person. In fact, on every "contractor's invoice" that he gave me, he never listed his business name and business address. He only listed his name and his home address. That tells me that he was not taking this job as a part of his business. Perhaps he did that because he thought he wouldn't have to pay taxes for doing the job - it would just be a "cash" deal.

    Does this make any difference in my case? In my opinion it does because - as was pointed out by FR Chuck, if he was a contractor, he could hire anyone he wanted to help do the job and I would be obligated to pay them.

    Also, if he were doing this as a business, shouldn't he have listed his business Identification Number?

    Any thoughts?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Dec 13, 2005, 07:22 PM
    It doesn't matter whether he was hired as an individual or as a contractor. You are responsible for paying only the contracted amount. You never met his assistant before and never hired him so you have no separate obligation to pay him. Since there was never a final agreed-upon contract amount, a court would probably order that you had to pay him the reasonable value of the work he did for you. That is why it is so important for you to have the opinions of other contractors. It would be a good idea to make a copy of the original bid he gave you but cross out the price. Then have at least two other contractors give you a price for the same work specifications. If their amounts are significantly lower then you will have an excellent case in court.
    red818's Avatar
    red818 Posts: 3, Reputation: 1
    New Member
     
    #6

    Dec 14, 2005, 05:29 AM
    Thank You
    I totally appreciate your response! Thank you for taking the time. You have offered excellent advice and I will definitely follow through on it. :)
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Dec 14, 2005, 05:53 AM
    My pleasure! Good luck!
    Dr D's Avatar
    Dr D Posts: 698, Reputation: 127
    Senior Member
     
    #8

    Dec 17, 2005, 02:53 PM
    Is he a LICENSED contractor?
    One item that was not addressed in this discussion is whether this person has a valid Contractor's License. You can check with your state Registrar of Contractors as to his status. In AZ, an unlicensed "handyman" is limited to jobs not in excess of about $750. If he takes on a job over that amount, the state has severe penalties. If he does have a license, you can access his complaint history to use as ammunition in court. You can even file your own complaint with the Registrar. If the state investigates and finds him at fault you might even be able to recover some of your money from a "recovery fund"

    Good Luck
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #9

    Dec 17, 2005, 03:15 PM
    Very valid points Dr. D

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