QUESTION
What should I do if I hired a contractor without a written agreement and his charges came back very excessive?
Asked on Oct 03rd, 2012 on Bankruptcy - Michigan
More details to this question:
I had a contractor tell me he HAD to do some work on my house even though and engineer said we didn't need the work done. We estimated the costs at 15K, and he billed us more than 30K. I told him the costs were excessive and we paid 15K, I then tried to renegotiate and offered to pay 28K. He said he was working on his terms and wouldn't take anything less than what was billed and was turning me over to collections and putting a lien on the house. Can he put a lien on my house with no written contract and can I sue him back for excessive charges. I can prove that he is charging double for some rates what other providers charged us?
4 ANSWERS
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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If this is in NJ everything must be writing and signed. It must be very specific. Otherwise if you can prove the amount agreed to is lower that is all he will receive. In fact some Judges will find that if it is not in a proper written contract he will not even give the amount agreed to.
Answered on Oct 08th, 2012 at 1:32 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is difficult many factors can affect this..Is he a licensed builder did he pull a building permit was the work approved by the local building department if not make a complaint with LARA ... state of Michigan occupational code.. I advise you to contact a reputable attorney to discuss this in detail.
Answered on Oct 07th, 2012 at 12:34 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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You're going to need an attorney on this one. You have issues of statute of frauds, unjust enrichment, fair market value, state laws governing mechanics liens, and so forth. It gets pretty complicated pretty fast.
Answered on Oct 06th, 2012 at 12:54 AM
It would be illegal for the builder to place a lien on a residential structure without a written contract for the work to be done. That is not to say that he WILL NOT place a lien... only that it would be illegal for him to do so. You need to contact an attorney right away. If he completed the "contract" between you.. then he is entitled to be paid under the contract. If he is asking for a higher number, the burden is on the contractor to prove that, either you agreed to the higher number (a "change order") or that he is seeking the reasonable value of the services provided... without a contract. Also, residential contractors are under special requirements regarding licensing, paperwork, and the handling of funds. You may have other claims that you can raise against this contractor. Call an attorney today.
Answered on Oct 06th, 2012 at 12:19 AM