Verbal Contract-Unsigned Contract

[catiyapmak]

What is the name of your state (only U.S. law)? NJ
1. I hired a contractor to do roof. He emailed me the estimate of $6950 for roof.
2. He gave me VERBALLY another $400 estimate to replace
a. rotten fascia boards on both lower and top roofs
b. plywood
c. gutter covers.
3. After the second estimate ($400), I gave him a check of $2500 as a first installment to do job. He started to do job right away.
4. One day after he started to do job, he emailed me the second estimate, totally, $7350, but only the replacement of the fascia boards on the top roof was added to the original estimate. Rotten fascia boards on both lower roof, plywood and gutter covers were NOT added to the second estimate.
5. I just added the rotten fascia boards on lower roof, plywood and gutter covers to the second estimate and emailed it to him. He never acknowledged me about these additions. Meanwhile, he finished job.
6. He simply ignored the $400 verbal agreement made between us and asked me to pay additional $500.
7. There is NO signed contract between us so far.
8. He applied for the permit after he finished the job. His estimate for work permit application form was $7350. I had a proof that he got the permit after he finished the job.
9. Shall I pay the additional $500 to him?
10. Can he put a lien on my property if I do not pay the additional $500 to him?
11. I talked to the PASSAIC COUNTY CLERK in NJ about the lien. I was told that the contractor can put a lien on my property without any evidence of signed contract. Is it true that he can put a lien on my property in Passaic county of NJ?
Thank you very much for your prompt reply.
Nev

 

[quincy]

What is the name of your state (only U.S. law)? NJ
1. I hired a contractor to do roof. He emailed me the estimate of $6950 for roof.
2. He gave me VERBALLY another $400 estimate to replace
a. rotten fascia boards on both lower and top roofs
b. plywood
c. gutter covers.
3. After the second estimate ($400), I gave him a check of $2500 as a first installment to do job. He started to do job right away.
4. One day after he started to do job, he emailed me the second estimate, totally, $7350, but only the replacement of the fascia boards on the top roof was added to the original estimate. Rotten fascia boards on both lower roof, plywood and gutter covers were NOT added to the second estimate.
5. I just added the rotten fascia boards on lower roof, plywood and gutter covers to the second estimate and emailed it to him. He never acknowledged me about these additions. Meanwhile, he finished job.
6. He simply ignored the $400 verbal agreement made between us and asked me to pay additional $500.
7. There is NO signed contract between us so far.
8. He applied for the permit after he finished the job. His estimate for work permit application form was $7350. I had a proof that he got the permit after he finished the job.
9. Shall I pay the additional $500 to him?
10. Can he put a lien on my property if I do not pay the additional $500 to him?
11. I talked to the PASSAIC COUNTY CLERK in NJ about the lien. I was told that the contractor can put a lien on my property without any evidence of signed contract. Is it true that he can put a lien on my property in Passaic county of NJ?
Thank you very much for your prompt reply.
Nev

Under New Jersey's construction lien law, a contractor, subcontractor, supplier, or subcontractor to the subcontractor, can file a lien based on the value of the work performed, or the services performed, or the material used, or the equipment furnished in accordance with the contract.

A contract under the law is defined as any agreement in writing signed by the party against whom the lien is asserted that shows the responsibilities of the parties to the contract (such as price, description of improvement) or, in the case of a supplier, that is a delivery or order slip that refers to the site/project where the materials were delivered or used and that is signed by the party against whom the lien is asserted.

I can tell you that the contractor can file a lien claim. I can tell you that the lien law tends to favor contractors. But I am afraid I can't tell you how the lien claim will be handled if the contractor cannot produce a written and signed contract. You can have the facts reviewed by an attorney in your area if you object to paying the additional $500.

See NJSA 2A:44A-1 et seq