binding contract

[psaffa]

Connecticut

I solicited estimates for home repairs from 3 contractors. Only one submitted an estimate within a reasonable period, so I called contractor #1 and said they had the job, but that I had to get some finances straightened out. When that was settled, I would call and we could then sit down and discuss the estimate and particulars. Subsequent to my conversation with contractor #1, contractor #2 sent me an estimate that was 2.5K less than contractor #1. Am I legally obligated to contractor #1, or can I call and explain the situation? As far as I know Contractor #1 did not purchase any materials yet and definately did not do any work. A $3K deposit is required, per the estimate, which has not been paid.

Thanks

 

[I AM ALWAYS LIABLE]

Connecticut

I solicited estimates for home repairs from 3 contractors. Only one submitted an estimate within a reasonable period, so I called contractor #1 and said they had the job, but that I had to get some finances straightened out. When that was settled, I would call and we could then sit down and discuss the estimate and particulars. Subsequent to my conversation with contractor #1, contractor #2 sent me an estimate that was 2.5K less than contractor #1. Am I legally obligated to contractor #1, or can I call and explain the situation? As far as I know Contractor #1 did not purchase any materials yet and definately did not do any work. A $3K deposit is required, per the estimate, which has not been paid.

Thanks

My response:

No, there is no contract with contractor #1. Your discussion was not an acceptance, nor is there any "consideration" for the contract; e.g., you haven't paid the $3,000.00 deposit. Also, you placed a new requirement into the contractor's offer, making yours a "counteroffer", i.e., "I had to get some finances straightened out. When that was settled, I would call and we could then sit down and discuss the estimate and particulars."

Third, and because of that counteroffer, and your need to "sit down and discuss the estimate and particulars", there's no "meeting of the minds."

By doing, or not doing, all these things, you effectively rejected his initial offer, and/or never formed a contract.

IAAL

 

[psaffa]

To: I am Always Liable

Thanks for the opinion. Have a great day.