Ami I responsible for work done by a contractor which I did not sign for?

Question

We sat down at the table, discussed what we wanted and my husband and I signed a contract for the work $50,000. Over the weeks the contractor said well we could do this or that, (believing this would be included in the $50,000 because the contractor never discussed additional money) and no knew contract was drawn up. Our last bill, which he gave us, I asked him, this is it, this comes to the $50,000 of our contract and he said yes. We only signed the initial contract, and then he just billed us in increments (no new signatures) and we paid the incremental bills.

There was one item along the way, he said a stump needed to be remove from the driveway, he said to grind it would cost $300-400 or more if we removed the stump. I called a different guy who grinded it for $75 dollars.

So now our contractors is giving us a bill $2,200 over the amount we expected. And said he was billing us later for chimney and duct work

I do not have the money, I just don't. What do I do

Answer 1

If you agreed for him to do additional work not included in the contract, he is correct in billing you for the additional work. I am a contractor and often get asked to do additional work. I make it clear that I am happy to do the extra work for an additional charge over and above the contract amount. I have usually done that verbally, with no additional paperwork. So, it will come down to whether you agreed to the additional work. You can try to negotiate with the contractor or call a lawyer.

Answer 2

here in california the law is quite clear. all work not covered in the original contract must be clearly spelled out in an addendum to the contract that you and he have signed. your contractor has no legal right to any payment for work not covered in the contract. in fact he can be reprimanded by the contractors board for not following proper proceedure. many people work outside the contract when extras are encountered. if you and your contractor have a good working relationship and an increase in price is understood this can work out ok. it is however not legal and often leads to misunderstandings. many contractors feel that an extra is an opportunity to charge a lot. an extra can often make a loser or marginal job profitable. these items and charges must be agreed to in writing before the work can proceed. check with your state contractors license board for how the laws in your state apply. in california you win hands down.

Answer 3

Your contractor is SOL. He did not get any change orders signed by you authorizing any additional work. He bought it :)
If he takes you to small claims he will loose. If he does anything to harass you or worst tries to put a mechanic's lean on your property go straight to whatever organization regulates licenses for contractors in your state. In Arizona we have ROC - Registrar of Contractors, they issue licenses and can revoke them. What he is doing is not right. I do contract work and there is not way I could get a way with what he did.
Good Luck!
Good Luck!

Answer 4

I would say whatever he listed in the original contract is covered by the 50,000.00...you should have an itemized list.

Anything else would be extra...if you gave him a written or verbal agreement. In my state,often enough we work on verbals...but you should always get everything in writing with date, item, and signatures.

Try to get the guy to waive the 2200.00 then next time....get it in writing.

Answer 5

you are not responsible for anything that is not in your contract,if you agreed to anything extra then he should have gotten you to sign,he can always add on to the contract but it is you that has to agree, be sure to have your copy of the agreement and take pictures of every thing he did,that way when he takes you to court,which he propally will you will have everything in order,my husband is a contractor ,he doesnt do anything extra without it being writtne in the contract,good luck