You give a roof contractor a check with "House Roof - PIF" on it and he cashes it can he ask for more later?

Question

Is there some where to read the law on this.
Dude is trying to cheat my Mom out of $2562 after he already got paid $8,215!

Her contract says the roof was 4,615
unless she needed additional wood, he tears off and tells her she needs 3,600 worth of wood. the roof is tore off she verbally agreed. she waited 2 wks and assumed they were finished because the dumpster was pulled after 2 days an no one comes back. she mails the check for 8215.00. Dude cashed check but calls her and says she owes the additional 2562. If PIF doesn't mean PIF then he can just keep comin back to get more money?

Answer 1

Where does it say "House Roof - PIF", in the memo section I would assume, and that is 100% meaningless as far as the law would be concerned.

If she has anything that he signed that says it will cost $8,215 then she is ok. But if it says estimated cost $8,215 then she probably needs to pay the rest of it.

Just writing PIF on a check does not absolve you of paying more. Otherwise, I'd send my mortgage check in with PIF written on it, then I wouldn't need to pay it ever again. I could write PIF on my car payment too.

Answer 2

Did he finished the job?
Is there a written agreement to pay more than $8,215?

If he finished the job then forget about him, he is just fishing. He is not gonna spend a fortune in lawyers to collect $2562.
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Edit

Well if the contract says nothing about the extra money for wood then she is Ok. He can ask whatever he wants but without a contract he can't prove his claim. He was lucky not to just get paid $4,615 as the contract say. They were supossed to add the new charges to the contract (a written agreement it's always priority over any verbal agreement).

Ask the guy to send you a copy of the contract pointing out when your mother agreed and signed to be charged for those $2562. Probably that will shut him up.

Answer 3

Sure he can ask for more. Can he collect. All depends if the check had PIF on it yes. If Paid in Full was written out NO! Court will uphold that one even if the amount paid is less than the contract. It is evidence the contractor accepted it as the total amount for his work.

Answer 4

If there's some way to prove that he knew and understood that PIF means Paid In Full, and he accepted and cashed the check, then your mom should be on solid legal ground.

Answer 5

the check would have to read on the BACK: in full settlement of roof contract dated (whatever) for $ XXXX.XX. Or words to that effect. If the contractor endorsed the check under that condition, WITHOUT changing the designated CONDITIONS of the payment, HE IS STUCK. Under the Uniform Commercial Code, this restriction written on the document makes it a RESTRICTED PAYMENT, subject to the conditions written on it (the check). I have won a court case under similar circumstances. E-mail me if you need further help with this.

Answer 6

You should have gotten a recept from him marked paid in full. would think if you have PIF on the check and he cashed this check under these terms , it would be as valid, but I think you better check with a lawyer on this one.

Answer 7

Just a check doesn't mean anything unless she has a contract with HIS signature on it.

Answer 8

i do no longer understand why yet i do no longer discover this tale humorous... as for ur question, i think of it extremely is attainable to proceed to exist a fall in specific circumstances yet while it extremely is an extremely tall development then the prospect is extremely much less.

Answer 9

THAT DEPENDS ON THE TERMS OF THE CONTRACT. LOOK TO SEE WHAT THE ESTIMATE SAYS, HOW MUCH WAS SHE SUPPOSED TO GET CHARGED?

Answer 10

Does she have a contract? If not, she is probably swingin.