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    melbalini's Avatar
    melbalini Posts: 5, Reputation: 1
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    #1

    Feb 27, 2007, 04:47 PM
    Dishonest electrician taking advantage! Options?
    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!
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 27, 2007, 05:31 PM
    Well of course you never get a construction person working without a firm estimate to start, and a signed work order.

    Had you did this, you would have written proof of the cost and price.

    All you have is your vebal agreement, and he has a email from you.

    The fact you wrote the check ( assume check not cash) you can show it as proof it was the 1/2.

    I would pay him 1/2, and put on it, paid in full. If he wants to sue you, tell him sue you, you won't pay him anyway and see what he does.
    melbalini's Avatar
    melbalini Posts: 5, Reputation: 1
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    #3

    Feb 27, 2007, 05:49 PM
    I know... it was stupid of us to go forward without a written agreement, but... This is such a weird situation!

    The work is actually DONE, and we gave him another check for $1400 -- as far as we're concerned, he's paid in full. But... he naturally still "wants his money".

    I just wish I knew what he plans to do about it if we don't give him that extra $1000 -- and whether we are now legally bound to give it to him, because of my typo. So annoying!! :mad:
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 27, 2007, 07:20 PM
    Hello mel:

    No, of course you're no legally bound to give him money. I certainly wouldn't. If he wants it, he's going to have to sue you for it, and I think you've got a good case. I wouldn't lie down for him...

    excon
    tinsign's Avatar
    tinsign Posts: 275, Reputation: 66
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    #5

    Feb 27, 2007, 07:32 PM
    You have a very good chance if he does sue you as long as on the check you wrote half payment of job. If you didn't do this and have no signed estimates or agreements in writing, then yes he will probley win over this. The e-mail you sent him is more upholding legally than anything verbal. The verbal is more or less a he said , I said type thing.

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