im a flooring installer. the other day i met with a guy to do an estimate for a job and i gave him a verbal rough estimate for the job and ive told him that i can meet him the next day to get the sample of material to have an exact estimate for the job. i came back the next day with the samples and i wrote a proposal for me doin the job with labor and materials and not get paid until 2-3 weeks after the job is finished. we both signed the proposal. he told me prior that theres a catch to the job that i have to pay for the materials for the job out of my pocket and im very unsure about getting reimburse for the job cause i dont know this guy and i dont trust him but we both signed the proposal and set the time for me to do the job. the next day i called him and told him that im not comfortable about paying for the materials because i dont trust him yet and he tried to convince me over the phone to do the job. now hes suing for breach of contract. does he have grounds for lawsuit?
2006-08-12 20:54:58 · 6 answers · asked by Jonn G 1 in Local Businesses ➔ United States ➔ Sacramento
he hasnt actually sued yet. hes threated to sue for $5000 because i put him on a bad situation and he had to hire somebody else and pay more that my price about $600 more it say on the proposal (the price with labor and material both being paid afterwards) and the also we both signed an acceptance proposal box were it saying im authorize to do the work as described
2006-08-12 21:12:53 · update #1
You signed a proposal, not a contract, right?
I would have a letter sent saying that you reserve the right to refuse service to anyone, and in light of the fact that conditions added by the customer after the signing of the contract were not the original terms of the agreement, or the usual terms and therefore you hereby regretfully exercise your right to refuse service, and the contract is now dissolved.
I dont think youll have a problem, but write it up, get it notarized at least, and send it certified.
2006-08-12 21:00:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
the three parts of the contact to be binding is an offer, consideration and acceptance by both side. What are his damages, he can sue you but he must name damages and show this on the filing. If he has not sent you a summons or notice of filing then he is just blowing smoke. If you have been served get an attorney now.
2006-08-12 21:03:04 · answer #2 · answered by trailsman1961 3 · 0⤊ 0⤋
A contract is a meeting of minds. Your proposal became a written contract when both of you signed it. It is the terms of that contract that are in force. If the contract does not state that you have to buy the materiel's then his insistence that you must is in itself a breach of contract. You have grounds for a suit as he didn't allow you to perform the work according to the contract.
2006-08-12 21:09:58 · answer #3 · answered by ? 5 · 0⤊ 0⤋
i'm satisfied he were given a lawyer. I hate to work out this happen to Elliott. i imagine Jeremy Mayfield replaced into completely best about how the employer replaced into going and how Evernham replaced into dropping pastime. I heard that a number of the Sponsors were disillusioned with the substitute. i imagine GEM will be apologetic about taking away Elliott. he's a lot more effective acceptable than AJ(no offense to AJ. he's truly no longer as experienced. which will chew them contained in the butt contained in the destiny.) I pray that Elliott can bypass to a more effective acceptable crew. he's a reliable driving force. He merely hasn't had the right kit and crew chief.
2016-11-24 22:42:40 · answer #4 · answered by ganz 4 · 0⤊ 0⤋
a proposal is not a contract it just that a quote
more often than not, proposals are legally binding offers
2006-08-12 20:58:07 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Call http://mediatrixhomesandloans.com
2006-08-16 04:59:40 · answer #6 · answered by helpdesk916 ♦♣♠♥ 6 · 0⤊ 0⤋