We had a driveway put in and got a verbal estimate for $2000. No written estimate provided despite numerous requests. Now the job is not complete to what we expected, yet price charged is estimate amount. Without a written estimate do I have a leg to stand on? Isn't it the contractors responsibility if there is a dispute?
you already know the answer... live and learn. if you want a legal opinion, talk to a lawyer.
randy
Ok...first of all...
Estimate.....not quote...estimate....look it up. There IS a difference.
If the job is not complete, then dont pay. If its complete, pay them. You agreed to allow them to do the work, and they did....you are not giving the full story here. What did they NOT do that they said they would?
"dyrymywy" wrote
Troll rating: 4
Not complete, how ? You got their price so why ask.
Hi, I am just puzzled and laughing at the same time. What a lousy contractor and consusmer here. Tony
"if it ain't in writing, it didn't happen"
No writen contract? Good luck! Greg
That's right, plus, a verbal contract IS an enforceable contract in most states. Are there witnesses to the verbal contract? For YOU, of course.
Give details of the job and contract
you are all right.. and I feel really stupid at this point. Estimate or quote.. were were given price of $2000 for the driveway. The contractor had an emergency so sent a rep to come and scope the job. The driveway was to consist of apx 45 feet from garage to base of drive, of which 15 feet would be concrete and the balance fill and gravel to complete drive to access garage. The problem lies in the rep apparently not passing on the entire scope of the project to the contractor.. or so he now says. This is rural Indiana and I was working with someone new to the field and thought I was going to get a fair shake.. yes, read "stupid". I asked at least 4 times for the written quote - he said he emailed me a copy but I didn't get it and asked again for it to be mailed. Now also note this started with quote in June and work done in September as I wasn't in a hurry.. just 'before winter'. The problem is I thought the price was for the entire 45' drive and he says the $2000 is for the 15 feet of concret area only... left a large drop off to the rest of the drive which we could not drive on to the concrete. Plus, they didn't secure the retaining wall and it is now curved and wavy and extends 2" beyond garage wall - looks terrible. I was hoping someone would know if the contractor was obligated to quote in writing. I told him if I had had the estimate I would have know we weren't talking the same thing. Maybe I'll just go the lawyer route.. I think it's worth the consult time.
A verbal agreement isn't worth the paper it's written on.
Get a lawyer. And stock in an antacid company.
Jeff
1st off, look up estimate in the dictionary: To calculate approximately (the amount, extent, magnitude, position, or value of something.
This isn't the 90s, a hand shake/verbal agreement means nothing these days, you should have gotten it in writing, oh well to late now, have you called the original guy up, see if he can dump some gravel for you, gravel is cheap anyway....
Where in Indiana, I hope it wasnt Brian Henderson " The Hack Crook "
So it was OK to do this type of verbal contract and expect this to not happen in the 90's? That's a good one. Perhaps even better, it sounds like it wasn't even a verbal agreement as to the price, only an estimate.
It sounds like the contractor's lacky is admitting that he agreed to more than was delivered. If the OP doesn't have a witness to this, I'd try to get a hold of the lacky again, on any excuse, and see if you can get him to say it again in front of a witness. Or even better, get him to say it on the phone and make a recording of it, but first check your state laws. In most states, it's OK for a private party to record their own phone conversation. In some states, consent of the other party is required.
If the contractor wasn't fully paid, I would withhold payment. If he sues you, it's likely to be in small claims court, where you don't need a lawyer. Or if you have paid him, you can take him to small claims. It's a toss up, IMO, as to who would win.
This is a classic example of why you need a written contract. And any contractor that is reputable, would not do a job like this without one, as it protects both parties by clearly spelling out the scope of the work, the cost, etc. It takes 15 mins to do and saves a world of trouble.
No, no.
"with a written agreement, you have a prayer. With a spoken agreement, all you have is air". Paraphrasing Robert Ringer, in Winning Through Intimidation.
This is a heartfelt "me, too" from a contractor. Combined with getting a couple of estimates and checking some references, this can save consumers a lot of anguish ... and contractors, a lot of aggravation..
Ken
yep sure is...it is great....most lawyers will tell you the verbal contract is as good as the paper its written on....
Very true, but the courts can only act on what is provable.
Good Luck,
tom @ FindMeShelter.com
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.