Verbal agreements

[sspence]

What is the name of your state?What is the name of your state?I recently had some excavation work done on a piece of property that I bought. I had a man that I've known for many years to give me an estimate on the work. He is considered to be one of the best dozer operators around this area of Kentucky. I told him what I wanted to get done which was clear off the land and build a dam in the narrow spot of a hollow that had a creek running through it. I've always wanted to build a house on a lake. Anyway, he looked at the property and gave me an estimate of $10K to do the job. I told him that I had $15K to spend and that I wanted the dam to be as large as he could get it for the $15K. He brought out a piece of equipment a few days later and worked for about an hour or so. A couple of weeks later he brought out another piece and again worked for an hour or so. He didn't come back for 7 months after this. He told me several times when I questioned him about when he was going to get started that he would be there "next week". Once he got started he made some progress pretty quickly. He got the land cleared about 90% and then started on the dam. After about 4 days on the dam I asked him if he was going to be able to do this for $15K. His exact words were,"It's going to be close". After another couple of weeks he had to stop because of the weather. He didn't come back for 2 months so I called him to see what he was going to do. He came back and worked for 2 days and got the dam up level but not finished. He said he had a quick job to do somewhere else and he'd be back. A couple of weeks later he called and wanted to bring a bill on his work. I really expected it to be more than the $15K that we talked about but it was $30K!!! That's double what I told him I had and the work wasn't even finished. I was shocked. I paid him $21K because that was all that I had to my name. I told him I didn't have the rest so he said I could pay him later. The more I thought about it the madder I got. I got another "bid" from another contractor on finishing the work and it was $7500. The cost to finish was made worse because the water had already backed up on part of the land that he hadn't finished clearing off. If I pay the remaining amount from the first guy and then the rest to get the work finished, I'm at $37,500!!! And the original estimate was for $10K!!! Am I obligated to pay the balance? I'm thinking that I should just tell him to sue me if he wants the rest. I don't want to beat anybody out of anything but if I had known the real cost of this project, I would have done something different. Do I have any options?

 

[seniorjudge]

What is the name of your state?What is the name of your state?I recently had some excavation work done on a piece of property that I bought. I had a man that I've known for many years to give me an estimate on the work. He is considered to be one of the best dozer operators around this area of Kentucky. I told him what I wanted to get done which was clear off the land and build a dam in the narrow spot of a hollow that had a creek running through it. I've always wanted to build a house on a lake. Anyway, he looked at the property and gave me an estimate of $10K to do the job. I told him that I had $15K to spend and that I wanted the dam to be as large as he could get it for the $15K. He brought out a piece of equipment a few days later and worked for about an hour or so. A couple of weeks later he brought out another piece and again worked for an hour or so. He didn't come back for 7 months after this. He told me several times when I questioned him about when he was going to get started that he would be there "next week". Once he got started he made some progress pretty quickly. He got the land cleared about 90% and then started on the dam. After about 4 days on the dam I asked him if he was going to be able to do this for $15K. His exact words were,"It's going to be close". After another couple of weeks he had to stop because of the weather. He didn't come back for 2 months so I called him to see what he was going to do. He came back and worked for 2 days and got the dam up level but not finished. He said he had a quick job to do somewhere else and he'd be back. A couple of weeks later he called and wanted to bring a bill on his work. I really expected it to be more than the $15K that we talked about but it was $30K!!! That's double what I told him I had and the work wasn't even finished. I was shocked. I paid him $21K because that was all that I had to my name. I told him I didn't have the rest so he said I could pay him later. The more I thought about it the madder I got. I got another "bid" from another contractor on finishing the work and it was $7500. The cost to finish was made worse because the water had already backed up on part of the land that he hadn't finished clearing off. If I pay the remaining amount from the first guy and then the rest to get the work finished, I'm at $37,500!!! And the original estimate was for $10K!!! Am I obligated to pay the balance? I'm thinking that I should just tell him to sue me if he wants the rest. I don't want to beat anybody out of anything but if I had known the real cost of this project, I would have done something different. Do I have any options?

You understand that if y'all get into court, he will testify that you told him to go ahead and then at the end, you wouldn't pay your bill.

So, whoever has the most credible evidence will win.

 

[sspence]

What is credible evidence? He told me it was going to be close to $15K and it ends up double that. He had numerous opportunity to let me know that it was going to be more but never did. What does telling him to go ahead with the job have to do with the bill? If he had been upfront about the real cost, I wouldn't have had him to do it.

 

[seniorjudge]

What is credible evidence? He told me it was going to be close to $15K and it ends up double that. He had numerous opportunity to let me know that it was going to be more but never did. What does telling him to go ahead with the job have to do with the bill? If he had been upfront about the real cost, I wouldn't have had him to do it.

When you deal with someone verbally, you take your chances. When you get to court, you will say, "I told him ABC and he agreed with me." The other guy will say, "I told him XYZ and he agreed with me."

The judge will just have to decide which of you is more credible.

 

[sspence]

But let's assume we both tell the truth. Where do I stand then?

 

[seniorjudge]

But let's assume we both tell the truth. Where do I stand then?

The judge will just have to decide which of you is more credible.

 

[sspence]

If there is no disagreement on the facts, how is credibility an issue? If both parties tell the truth, the facts will be the same. So, based on the facts as I've presented them, what would be the most likely outcome?

 

[seniorjudge]

If there is no disagreement on the facts, how is credibility an issue? If both parties tell the truth, the facts will be the same. So, based on the facts as I've presented them, what would be the most likely outcome?

Q: So, based on the facts as I've presented them, what would be the most likely outcome?

A: I have no idea. What I am trying to do is make you understand that the other guy will have a completely different story than you do.

 

[I AM ALWAYS LIABLE]

But let's assume we both tell the truth. Where do I stand then?

My response:

That's a very funny statement. Obviously, you both can't "tell the truth", or your version of the "truth" is different from his version of the "truth", thereby making one of you "not" telling the whole "truth".

As was already stated, one of you will say ABC, and the other will say XYZ.

We can't give you any better answer than that because you PURPOSEFULLY failed to tell us your State name; i.e., I don't know what State version of the "Statute of Frauds" may control your situation.

But, don't bother with your State name now. It's too late.

IAAL

 

[seniorjudge]

What is the name of your state?What is the name of your state?I recently had some excavation work done on a piece of property that I bought. I had a man that I've known for many years to give me an estimate on the work. He is considered to be one of the best dozer operators around this area of Kentucky.

IAAL, I agree with your post except to say that he did state his state (actually commonwealth) name.

I've been especially watchful on that since you pointed it out in another post (for which I thank you).

 

[sspence]

If you read my post you would have seen that I'm in KY. And how can you assume that one will lie. If both people feel that they are in the right, why would they have to lie. It's a simple question. If the facts are as presented, how will a judge rule???? I feel like I'm talking to a politician who doesn't want to answer the question!!

 

[seniorjudge]

If you read my post you would have seen that I'm in KY. And how can you assume that one will lie. If both people feel that they are in the right, why would they have to lie. It's a simple question. If the facts are as presented, how will a judge rule???? I feel like I'm talking to a politician who doesn't want to answer the question!!

Q: And how can you assume that one will lie.

A: Dealing with people.


Q: If both people feel that they are in the right, why would they have to lie.

A: See prior answer.


Q: If the facts are as presented, how will a judge rule????

A: See prior posts.

 

[sspence]

I appreciate your responses to my questions. But, it would have been much easier to have just said,"I don't know". Based on your last post, I sincerely hope that you are not truly a judge. With that kind of predisposition, there is no way you could make a fair ruling. But at least now I know why the advice here is free. Thanks for your input.

 

[seniorjudge]

I appreciate your responses to my questions. But, it would have been much easier to have just said,"I don't know". Based on your last post, I sincerely hope that you are not truly a judge. With that kind of predisposition, there is no way you could make a fair ruling. But at least now I know why the advice here is free. Thanks for your input.

And I indeed already said that several posts ago:
A: I have no idea. What I am trying to do is make you understand that the other guy will have a completely different story than you do.

Post back when you find out that I know what I am talking about.

 

[Yuke]

.

Well if the two of you agree on everything, why would he sue you? Apparently the two of you disagree on whether you owe money.