contract dispute
I had a signed contract with a young couple. 3500.00 He got laid off so It was a pay as you go plan. He would pay for the doors and I would build them. He would then sand them to save money. Everything was fine until the last faze. I was ready to collect the last check and he though he was paid in full at around 2500.00. I screwed up and installed the drawers before he paid for them. The conctact was itemized per scope of work. Who would be building the doors who would be sanding, installing, ect. And of course the cost. He says he never read the contract and never saw the total price. He paid on time and everything was great until he realized he was over budget. I can't help his budget and I never knew there was going to be a problem since he did agree to the contract. Question: He still owes me for the work that I did. (will not pay). Can I go to small claims court for the full contract price? Sue for the contract price in hopes he pays what he owes for the work already done? Thanks for you opinion.
Replies to This Discussion
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Permalink Reply by Paul Eichenlaub on -
Its not your fault that he did not read the contract. I would check the local laws and then file a lein and a lawsuit.
Good luck.
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Permalink Reply by Bruce Dionne on
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So, you got stiffed for $1000.- Been there.Contracts can be a very slippery slope depending on how, and by whom, they are written.It sounds like it's past the point of appealing to this couples sense of decency and honoring their end of the deal.Now maybe you suggest to them you're considering filing a lien against their home. Some people don't like the sound of that and will just pay up,some not.You must now consider how much time and effort it will take you to recoup the $1000.- If you have to miss work + spend money on court fees, you may be better off chaulking it up to experience and moving on. Good luck.
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Permalink Reply by Wesley Bevan on -
Hi Jay, If i where a judge and I am not, but he has paid more than half the total cost. You would get a claim for the total. The would most likely say that - Yes he agreed but did not read the contract BUT you installed the work without claiming the last installment. I would bet that the judgment would be that the balance owing would be split in half - $500 each. Now he is not working - so time, expense out and STILL no money - losing more money with each fight. I agree with Bruce and say when is throwing great money after bad going to stop. You are not working in the shop while in Court and talking to them. Lesson learned.
Let us know what happens.
Wes
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Permalink Reply by Stephen Kfoury on -
"Signed-Contracts" On going business you need a change order from the orginal contract verbal or written and you get paid from start to finish.
Confusion on my part leads to confuse on pay day too. I had a run into people who are really contracted oriented and you need to get signtures on paper these days.
If the intent was there and you did the building before, you leg to stand on is: INTENT.
You will win in any court.
The courts tried to control and strike down very extreme exclusion clauses, those which excluded liability for very serious breaches of contract. The simple rule now, is that it is a matter of construction whether an exclusion clause covers a fundamental breach which occurred.
A ‘rule of law’ approach so that liability for some fundamental breaches of contract could never be excluded no matter how widely the clause was drafted.
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