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Can I sue?

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M

machmila

Guest
What is the name of your state? South Dakota

We are closing on a house today. We got the final bill from our Contactor and it was $12,000 over bid. He has already taken out his entire labor cost from the bank, so we are left with outstanding bills to the subcontractors that equal more than our construction loan we have been approved for. We have had every problem in the book with this guy. The house still isn't fully completed and he is 3 months past the original projected completing date (We started building in October 2002). He has done horrible work and there are multiple visible 'mistakes' throughout the house. The problem we are facing is that we never signed an agreement with him, everthing was verbal. Is there any way we can sue him for damages without a written contract?
 


T

Terry7

Guest
Who gave him permission to take your money out of the Bank ?
 

HomeGuru

Senior Member
machmila said:
What is the name of your state? South Dakota

We are closing on a house today. We got the final bill from our Contactor and it was $12,000 over bid. He has already taken out his entire labor cost from the bank, so we are left with outstanding bills to the subcontractors that equal more than our construction loan we have been approved for. We have had every problem in the book with this guy. The house still isn't fully completed and he is 3 months past the original projected completing date (We started building in October 2002). He has done horrible work and there are multiple visible 'mistakes' throughout the house. The problem we are facing is that we never signed an agreement with him, everthing was verbal.

**A: yes, that is a problem. A very big problem.
*******

Is there any way we can sue him for damages without a written contract?

**A: yes, and be prepared for a "he said, you said" testimony.
 
S

StakeDriver

Guest
Why are they called Contractors?

Because you sign a contract with them!

At least in CA there are special rules for Home Improvement contractors and a special license (but maybe not for new construction). In my profession my State Board requires a written contract.

At least call your State License board and ask questions. Tell them your contractor built the house on a verbal contract (perhaps not legal).

Check to see if the contractor holds a valid license. Unlicensed Contractors ARE NOT entitled to payment at all. The court (depending on your State law) might force the contractor to disgorge all the funds if he is unlicensed.
 

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