QUESTION
Can I go to small claims court against a contractor if our agreement was verbal?
Asked on Oct 07th, 2014 on Breach of Contract - Virginia
More details to this question:
I hired a contractor that a family friend used and trusted. He agreed to replace my roof, drywall, and the top portion of the frame of my house. He did not write an estimate and the only piece of paper I have is my sales receipt. He replaced the roof and spliced the frame of the house. This is not up to code. He has refused to replace the whole beam as he promised to do. He compromised the structural integrity of my house, but I have nothing in writing showing that he did anything. Just a sales receipt. I also have a very long string of text messages from him. Many of them are about how he did not complete the work as outlined. I got smart in the end and realized that I needed written documentation if he screwed up. Will that be enough for small claims court?
1 ANSWER
Most contracts do not have to be in writing to be enforceable, and I see nothing in your situation which would require a writing. Moreover, if a writing was required, you have the sales receipt and the text messages. So you can sue the contractor. The problem with verbal agreements is not usually that they are not enforceable, but that their exact terms are difficult to prove. It is unlikely that the contractor's story will support your claims. However, again, you have the sales receipt and text messages.
Answered on Oct 07th, 2014 at 9:39 AM