I'm a contractor who is being sued for $1,100 in small claims. I agreed to Vinyl Side a house and Garage for $2,500 material and Labor combined. I received $1,700 down to furnish materials. We completed the house and half the garage but run out of money to finish. We never received any money for any labor performed. I did not have the money to finish the project out of my own pocket and felt bad It was taking so long. I agreed to finish the job out of my own pocket at my own expense to keep the peace. Apparently I was taking to long to come up with the other materials and he threatened to sue me. I told him fine , and told him I had done enough and wasn't doing anymore and to do what he had to. He is suing me for $1,080 for material . Just nervous because I've never been to court.

Is this a written or oral contract; written or oral modification?

Quote:

---

Originally Posted by JudyKayTee

Is this a written or oral contract; written or oral modification?

---

It was a written contract, I know breach of contract. None of this would have happened if he didn't start on the wrong foot with us. He had us sh eat the complete garage with 25 sheets of OSB. I told him it did not need to be re sheeted and this was not in the contract. If he wanted us to do it he would have to pay extra for labor. He did not want to pay out more for labor so agreed he would sheet it the following day. The next day his wife hands me the phone and he tells me that it's my job to sheet it and he isn't doing it. Now either I argue and take a chance of ending up in court at an earlier date and lose all the time we have in to siding his house, or I do it to avoid further conflict.

I avoided the conflict and moved forward. I understand that Homeowners are taken by contractors a lot. But there are also Homeowners who have been around the block and Wait for chance's to sue. This guy had no intention on paying at the end. I have been doing this type of work for 18 years and have NEVER been sued.

Quote:

---

Originally Posted by markb042393

It was a written contract, I know breach of contract. None of this would of happened if he didn't start out on the wrong foot with us. He had us sh eat the complete garage with 25 sheets of OSB. I told him it did not need to be re sheeted and this was not in the contract. If he wanted us to do it he would have to pay extra for labor. He did not want to pay out more for labor so agreed he would sheet it the following day. The next day his wife hands me the phone and he tells me that it's my job to sheet it and he isn't doing it. Now either I argue and take a chance of ending up in court at an earlier date and lose all the time we have in to siding his house, or I do it to avoid further conflict.

I avoided the conflict and moved forward. I understand that Homeowners are taken by contractors a lot. But there are also Homeowners who have been around the block and Wait for chance's to sue. This guy had no intention on paying at the end. I have been doing this type of work for 18 years and have NEVER been sued.

---

One other Question, Is a verbal agreement a legal contract if he voice records you without your consent. And can it be used in court?

Ok, first you entered into a contract, You are required to adhere to the terms of that contract, but so is the other party. If you underestimated the costs or time to complete the project then you are on the hook. However, if the other party wanted you to perform services that were not covered by the contract, you might have a case.

Personally, I would have stuck to my guns and told his that's not in the contract and you can't do it. Let him sue. By going forward you may have lost your leverage.

You need to bring to court the contract, documentation of what you spent and what work you did. If you can prove to the judge that he asked for materials not covered by the contract you might win.

If I understand this correctly you contracted to vinyl side a house and garage for $2,500, labor and materials included, written contract. You received $1,700 up front. The $1,700 you received went for the materials you did use but after completing the house and ½ garage you ran out of materials and money to buy additional materials to finish the job. Some time went by, the homeowner complained so it was your intention to use your own money to purchase the materials and complete the job. Would appear you underestimated the cost of materials, to say nothing of the labor.

Am I correct so far?

I'm sure you know that the side verbal agreement (which the homeowner is probably going to claim was not an agreement at all) to sheet the garage was an mistake as that was not part of the contract. ( I understand that no one wants to be sued and so a responsible contractor tries to mediate the situation. Sometimes with an irresponsible homeowner that plays right into the homeowner's hands.) I think this is a side issue as there was no written contract or understanding (apparently) and has little to do with the contract.

He is now suing you for $1,080 for the materials to complete the ½ garage.

If he has told you not to complete the garage that is a reasonable argument for you - you are willing and able to finish but he won't let you finish; if an extended period went by with the job unfinished he is entitled to find someone else to do the work. Your argument can also be that you estimated the cost of materials to be $1,700 total and now he is asking $1,080 for ½ a garage? Find out the cost of the materials and be prepared with that info - make sure this is not an inflated cost.

Take your documentation with you, of course, but it is a contract matter and will be decided exactly that way - by the terms of the contract.

The Court is not going to be concerned with whether you made or lost money on the job because you bid it and set the prices. Whether the Court will care about the extra work is anybody's guess -