QUESTION
What are my rights as a homeowner vs. a contractor?
Asked on Sep 21st, 2021 on Contracts - Ohio
More details to this question:
Last summer I had gutters replaced. I ended up only getting 2 gutters replaced due to the company saying they can't work with a concrete tile roof. The salesman knew I had this roof but said he didn't know they couldn't work with it. The job was not completed & there was a verbal agreement we would not have to pay. Last week we received a bill for $500 for the 2 gutters. The salesman said I didn't get a bill earlier because of "the pandemic & it got lost in the shuffle". He never mentioned the verbal agreement & asked why I didn't contact them for my bill. The original contract states that the first installment is due after 45 days of completion. Once the verbal agreement was made we never heard from the salesman or the company until last week. What are my rights? Am I liable for this payment?
1 ANSWER
If you could prove your oral agreement to the satisfaction of the Court, you might not be (assuming that the agreement that you didn't have to pay meant that you didn't have to pay for anything, instead of just that you didn't have to pay for anything that wasn't done), but as a general rule a party is not allowed to claim an oral agreement which contradicts the terms of a written agreement covering the same subject matter, and it is also standard for written agreements to contain provisions that state that they cannot be modified or changed orally. Check if your written contract says this.
Answered on Sep 21st, 2021 at 10:42 AM