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Contractor billing me for more than verbal agreement

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RodSRoper

Junior Member
What is the name of your state (only U.S. law)? Alabama
A contractor gave us an initial verbal bid of 3800 to replace the roof on our home. He then replied a few days later stating that it would be an additional 400 for wood that he didnt account for. Since the price was still lower than other bids we agreed for him to do our roof for $4200. We payed him $1500 before he started and agreed to pay the remainder when he completed the work. Well, when he did complete the work he had our total up to 4713, an additional $513 that he never mentioned nor did we agree to. Are we obligated to pay this additional $513 since we never agreed to it?
 


TheGeekess

Keeper of the Kraken
Duplicate post.
https://forum.freeadvice.com/construction-renovation-41/contractor-billed-us-more-than-verbal-bid-595528.html
 

TigerD

Senior Member
What is the name of your state (only U.S. law)? Alabama
A contractor gave us an initial verbal bid of 3800 to replace the roof on our home. He then replied a few days later stating that it would be an additional 400 for wood that he didnt account for. Since the price was still lower than other bids we agreed for him to do our roof for $4200. We payed him $1500 before he started and agreed to pay the remainder when he completed the work. Well, when he did complete the work he had our total up to 4713, an additional $513 that he never mentioned nor did we agree to. Are we obligated to pay this additional $513 since we never agreed to it?
What does the contract say?
Yup. You are going to have to pay for it.

DC
 

sandyclaus

Senior Member
That's kind of the problem when you don't get a written contract. Figures magically change and increase, you end up being charged for things you never expected or were told about. That's why it is essential, especially when dealing with contractors, to get EVERYTHING in writing before allowing them to ever start the work.

Unfortunately, with a verbal contract, they can claim they told you about the charges, and you have nothing to prove they didn't. If the contractor can prove they performed the specified services and can support the expenses with documentation, then you lose -and pay.

Next time, get it in writing FIRST so that you know what you can and cannot expect from the contractor.
 

RodSRoper

Junior Member
I have also read that a verbal contract is valid legally as long as the work is going to be started and completed within a year. An attourney commented on this stating that judges usually rule in favor of the customers since contractors are notorious for this. Does anyone know if there is any sort of truth to this? This guy is terrible and i wouldnt mind small claims court.
 

justalayman

Senior Member
first, did you receive an estimate or an actual bid?

If a bid, what did it include?


What was the increase in the price for or have you even asked?
 

sandyclaus

Senior Member
I have also read that a verbal contract is valid legally as long as the work is going to be started and completed within a year. An attourney commented on this stating that judges usually rule in favor of the customers since contractors are notorious for this. Does anyone know if there is any sort of truth to this? This guy is terrible and i wouldnt mind small claims court.
Sure. Verbal contracts can he enforced in court. The inherent problem with verbal contracts, however, is proving the terms of said contract to the satisfaction of the court.

As far as whether or not judges tend to find in favor of customers in a dispute, who knows? Some judges may, and if they do, they are allowing their bias to cloud their judgments, as each case is supposed judged on its merits, and not on what OTHER contractors have done. In order to prove their contract value, yours simply would need to provide evidence or testimony of what they did, preferably backed up by invoices, work orders, and perhaps even timecards or work records for their workers.
 

RodSRoper

Junior Member
In reply to DebtCollector, yes there are witnesses to the initial change in cost as well. As for the increase in price, it was for 'items he did not account for initially'.
 

RodSRoper

Junior Member
And the initial cost of 3800 was his estimate....the $4200 was his final cost on the job and that was for the metal, caulk, mesh, pipe boots, trim, wood, screws etc...all materials and labor.
 

TigerD

Senior Member
You are talking about $513. There is nothing you can do legally that will cost less than $513. If you hire a lawyer, it will cost between $2,000 and as much more as needed. And you still might lose. If you file pro se, you are going to spend your filing fees, service costs, and time. And you still might lose.

You got screwed by a contractor. It happens to everyone at least once. Don't throw good money after bad.

DC
 

justalayman

Senior Member
debtcollector` is absolutely correct in his evaluation of the mechanics of the issue.

Since you did not answer my question, I have no idea if you have even a chance at arguing it was not justified.
 

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