[melbalini]

Hi there,

I've got a terribly strange situation on my hands. I'm a small business owner with two other women, and an associate of mine recommended an electrician/handyman to do a fairly big job in my business:

-Replace a single phase breaker with a 3-phase breaker in my shop, and run new wires to the meters.
-Install 4 new outlets
-Remove 2 small walls, and patch the holes

We paid for all the materials at the GE Supply store, and it came to about $1800.

He said that we would owe him and his team of workers $2800 for the work. We gulped, and said "OK". We wrote him a check for 1/2 of the money, $1400 up front.

When the job was done, he told us that we owed him $2400 for the rest of the job. We thought he was joking, because all three of us were in the room and aware that we agreed upon $2800 as the final price.

APPARENTLY in an email the day before the job was started, he'd asked for our contact information and specs on our machinery for the permit for the job and I STUPIDLY asked at the end of the email: "Just to confirm: We owe you 1/2 of the $3800 before the job, and 1/2 after, right?"

It was a typo, of course. I meant to write $2800. My business partners know this, and know that that WAS the price we'd agreed upon. However, this JERK is holding me to my typo. (Since it is, unfortunately, the only thing we have in writing.)

The sad thing is, if he had a shred of integrity, he would stick to his word, and we would've hired him to come back and do more work, worth much more than $1000. AND, it's entirely possible that he quoted us far too little for this work, and is just trying to redeem himself, and keep from getting totally screwed over. I have NO IDEA, though, what the work is worth.

Any opinions/suggestions as to how we ought to deal with this guy? Does he actually have a case against us, if we end up simply not giving him another $1000? How far does verbal agreement go in comparison to a typo in an email?

Thanks!

[tkrussell]

Do you have the canceled check for $1400.00 , hopefully with a memo note stating half payment?

Were there witnesses to the verbal contract?

Who is in possession of the purchased materials? Can you return them for credit to at least recoup those funds?

First, do not let him back on site.

Is he a licensed electrician and/or are licenses required in your city/state? Check with your local city or state building, licensing, professional trades, consumer protection, agency, to learn the licensing requirements and if he is licensed, this is public information.

One strategy would be to:
Write him a formal letter, certified return receipt requested, stating that the email was a typo, you have paid him half of the true amount, and that you demand your down payment returned for the services that have not been rendered. Give him 10 days to return your money or promise to sue in small claims court.

However this path would let your hand show, and he would immediately file a small claims suit against you.

I perhaps want to get the drop on him and take the canceled check you have, and the witnesses you have and file a suit against him.

What a dirt bag, guys like this give reputable contractors a bad name.

I will also copy this post over at the law forum in hopes that someone more versed in law can offer some suggestions.

[melbalini]

Actually, the work is done. He "changed his price" when we handed him a check for the last $1400. As far as we're concerned, he's paid in full.

Work's done, he just wants his money. :mad:

[tkrussell]

Then he needs to sue you, hopefully you have the evidence I mentioned. Actually is better for him to bring suit, he needs to produce the proof.