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I have a sort of simple matter that I cannot seem to resolve on my own.

I had some repair work done by a roofing company. The gave me a price and scope of work and we agreed. Then I agreed to let them put a cheaper product on the roof and cut other corners. I told the guy at my house doing the work that I would be glad to use the money saved to hire them to do some other minor deck repair work as an offset. He verbally agreed.

When it was all done, the roofing company billed me for the original job plus more for the deck work.

They have now sent me a letter moving for an Order of Default.

I have offered to pay the original amount. They have not responded. I have requested that they show me any documents showing an agreement about the second job. He said if I have a lawyer I can get that from him. That sounds bogus.

I do not know what to do other than hire help from someone. Can a paralegal help?

2007-09-29 08:58:03 · 5 answers · asked by anteater 69 2 in Politics & Government Law & Ethics

5 answers

You may be able to get a paralegal to help you on this, but he/she will only draft documents for you to sign yourself. The paralegal is working under the supervision of an attorney and if you don't hire an attorney, that's all the paralegal can do.

See if you can hire an attorney to write a letter for you requesting the documentation.

Also, please note that even though this may have been verbally agreed to, if neither party has proof (that you agreed to allow them to use inferior products in exchange for them doing deck repair), it will be up to the judge to decide (you may have to sue in small claims court).

The contractor could possibly sue you for quantum meruit.

What is Quantum Meruit ?
Blacks Law Dictionary, Fifth Edition, defines quantum meruit as follows:

“Quantum meruit means “as much as he deserves”. It is an expression that describes the extent of liability on a contract implied by law. It is an equitable doctrine, based on the concept that no one who benefits by the labor and materials of another should be unjustly enriched thereby. The law implies a promise to pay a reasonable amount for the labor and materials furnished, even absent a specific contract.”

The doctrine of quantum meruit is one part of the law of restitution, more commonly known as the law of unjust enrichment. In the law of unjust enrichment there are two distinct, but related, remedies
• quantum meruit; and
• constructive trust.

It is frequently open to the plaintiff, on the same facts, to claim in both. Although both claims may be based upon unjust enrichment, both the basis for the awards and the remedies differ. Depending on which remedy the court grants, the results are very different.

Generally speaking when the Courts find unjust enrichment and impose a constructive trust, the awards are higher than when they award damages based on quantum meruit.

Here's an article that sets forth it fairly well.

http://quantummeruit.blogspot.com/

2007-09-29 09:05:13 · answer #1 · answered by Princess Leia 7 · 0 0

What you need is legal assistance.

In most states, only a lawyer is permitted to give legal assistance.

A paralegal trying to help you on this, if not under the direct supervision of an attorney, is violating the law, even if they are not paid.

There's a reason for these laws.

That reason is that incompetence in such matters can cause irreversible damage.

Hiring a paralegal to help you with a contract dispute when you seem to be being sued is dumber than asking a flight attendant to fly your airplane. At least SOME flight attendants do have pilot's licenses.

2007-09-29 16:34:13 · answer #2 · answered by open4one 7 · 0 0

a paralegal is not an attorney. All he or she could do legally is to prepare your paperwork. In other words, if you cannot afford a lawyer, you could draft the complaint or answer or motion yourself pro se, and she or he could type it for you. But paralegals are not supposed to give legal advice.
(Some of them do. In fact some of them know the law as good as some attorneys)

2007-09-29 16:35:16 · answer #3 · answered by rare2findd 6 · 0 0

you can file a complaint with the state attorney general on line. they will contact the contractor to let them you have filed a complaint against them and request them to respond. he he does not have the paper to back what he claims the this may get him to back off. if he is running scams they may already have multiple complaints against him. the attorney general does track such complaints. if they have numerous complaints against the same company then the attorney general may bring a lawsuit for violating washington state law. not many companies like to get contacted by the state attorney general especially if they're up to no good because complaints are tracked. i get a good result with this and it may spare you the cost of a lawyer. attached id the link go to consumer complaint and a form will open. its convenient

2007-09-29 16:13:52 · answer #4 · answered by T 4 · 0 0

Paralegals ane NOT licensed to practice law, so they cannot offer you legal advice, or represent you in court.

2007-09-29 16:02:15 · answer #5 · answered by WC 7 · 0 0

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