Had counters installed. We agreed to a set price with the contractor. We signed bid showing this price. We paid for the counters upon completion and now contractor wants $560.00 more for extra hours worked. At no point durring installation process did he bring up these extra hours or explain he would need even more money. Is this common practice? Do we have to pay? If we agreed to have him do this job for a set price is it our fault it took him longer and are we obligated to pay this additional amount? If this is the case every contractor could do this and always bank on additional money. No contract was signed only the original bid for work. thanks for any help.
2006-06-11 09:22:55 · 4 answers · asked by wendy s 1 in Politics & Government ➔ Law & Ethics
As a contractor and not an attorney, I don't think he has a leg to stand on unless the contract is actually titled "CONTRACT/ESTIMATE" or something similar in which case the ESTIMATE may give him a leg to stand on. There are a lot of generic contracts that use the title "CONTRACT/ESTIMATE" or "BID/ESTIMATE".
Also check ALL of the fine print for clauses that would allow extra charges without an aditional contract.
If none of the above is true and he won't back off let him take you to small claims court where he will almost surely lose.
2006-06-17 07:26:49 · answer #1 · answered by Homes R Me 2 · 0⤊ 0⤋
Usually, when a contractor makes a bid on a project and it is accepted, that is all that has to be paid and can be collected. Since you indicate you have the agreement in writing, look over it and make sure there is nothing in it dealing with extra time. If not, let him take a walk. If so, then you may have a situation to negotiate. However, you didn't have a signed agreement between you. I think the contractor is working this wiggle room in order to extract more dollars. Me? I would show him the bid and tell him this is what you're paying him. If he wants to take you to court, let him. It'll be small claims. Just be sure he doesn't try to put a lien on your property.
2006-06-11 16:32:34 · answer #2 · answered by quietwalker 5 · 0⤊ 0⤋
There has to be a "MEETING of THE MINDS" to have a contract Written or verbal. If you refuse to pay the difference he may take you to small claims court. If the judge find that there was no meeting of the minds then there was no contract you will probably win
2006-06-11 16:30:03 · answer #3 · answered by bullticky 5 · 0⤊ 0⤋
Whenever your legal rights and obligations are in question, talk to an attorney. Especially where there issues are potentially tricky.
Ask that attorney about the "pre-existing duty" rule and about "quantum meruit".
2006-06-11 20:01:03 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋