I am a licensed contractor. I gave a bid to a customer for a pool that needed 'special engineering' her other bids were higher and the bids for special engineering was on average $5,000.00, I gave a price on the pool that she accepted and I told her that I could obtain the engineering at my cost ($1,500.00) only if I am promised the work, she agreed and told me to get the engineering and we would sign the construction contract after, I found out that she was still getting bids on the work while the engineering was being completed, when I called her and told her that her engineering was ready, she told me that she hired another contractor and to take her the engineering plans, I told her that because she breached the agreement, I have to mark up the engineering $750.00, she declined to pay and now is sueing me in small claims and filed complaints against me with the BBB and license board, can I hold her to the agreement and counter sue?
2006-09-23 11:49:17 · 11 answers · asked by anthony p 3 in Politics & Government ➔ Law & Ethics
I'm in Los Angeles and the whole point was to do plans and engineering in preperation to signing contract, I also have recorded voice mails from her suggesting 'ready to start work'
2006-09-24 03:56:40 · update #1
verbal agreements can be binding but you have to prove there ever was a verbal agreement. Laws vary from state to state and it depends on what the dispute is about. You better seek legal counsel in this matter and then you know where you stand. Good luck
2006-09-23 12:01:04 · answer #1 · answered by Janis G 5 · 0⤊ 0⤋
good luck on this one, the only thing that might go in your favor is that you had a set of engineering plans you had worked up, which might show intent ( on both of your parts ) to enter into a signed contract, you mistake in goig on a verbal ( what amounts to a change order ) agreement becomes a very tough to enforce in court as it becomes a he said / she said proposition. As for the BB, I wouldn't worry, they lack any enforcement what so ever, it's merely a rating system and a poor one at that. It's the license board I would be more concerned with, but thne how can she file a complaint when no contract wa ever signed ( your fault ).. th problem is that you are licensed and should no better to get contract, prelim notices ect.... now since she has none of that you really can't get you money from this one, best bet would be to countersue , hope for the best but do not give up the engineering set, those you keep unless she agrees for payment. That or you destroy them.
2006-09-23 12:40:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes you can counter sue. The fact is she has no ground to stand on, because it was spoken verbally, technically neither of you have grounds to stand on, but because she is suing you, you can sue her for court costs, the cost of the engineering, the lost time from work, and defamation of character (The BBB complaint.). If she loses her suit, you will probably win yours (Partially. I'm afraid both of you will probably lose out on those engineering plans.) and she'll end up OWING, and still be without the plans she needs to complete her pool.
What's your daddy always tell you man? ALWAYS GET IT IN WRITING BEFORE YOU DO ANYTHING.
Our court system for the most part does not recognize verbal agreements unless there were many witnesses present.
Make sure you tell the judge that you need a ruling on the defamation of character because she has filed complaints with the BBB and you need proof to refute the claim with the BBB.
2006-09-23 11:59:15 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It depends what state you are in. Some states hold that verbal contracts between two adults are legally binding. Check the local laws in your state or check with an attorney. They will be able to help you and most likely will give you a free consultation.
2006-09-23 14:21:30 · answer #4 · answered by Annes bf 1 · 0⤊ 0⤋
I dont think a verbal agreemant is worth anything. If you want to proof of a contract you need to have it in writing. Dont waste anymore time or money on this. You will most probably lose any action you would take.
2006-09-23 11:59:17 · answer #5 · answered by Peter 2 · 0⤊ 0⤋
I don't think you've told us everything. What is the claim in her suit? Did she give you a deposit? If so you can't unilaterally mark it up. Obviously you should have gotten a signed contract for the job with the deposit.
2006-09-23 12:39:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
A verbal agreement is difficult to enforce.
2006-09-23 12:01:27 · answer #7 · answered by profile image 5 · 0⤊ 0⤋
Contract - written or implied - when agreed to by the parties is binding.
2006-09-23 16:51:45 · answer #8 · answered by Seagull 6 · 0⤊ 0⤋
No. I wouldn't worry about the BBB though. They have no power against companies that aren't their members.
2006-09-23 12:32:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You can try, but this is one of those "I said, she said" things that are very difficult to prove in a court of law.
2006-09-23 11:52:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋