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What is best way to end a breached verbal agreement?

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2010reeree2010

Junior Member
My mom lives in Fayetteville, NC and made a verbal agreement with an unlicensed handyman on January 15, 2010 to install wood laminate floors, also to complete some other minor repairs. The verbal agreement was made based on the duration of work taking no more than 1 month. My mom was to pay him $200 a week & upon completion of all of the work, she would then transfer the title of her truck (valued @ $5,225), equating to total value of $6025. She did hold up her end of the agreement & paid him the $800 for four weeks/one month as agreed.

It's now 2 1/2 months later & every job he agreed to is half done or has been done incorrectly. I've taken pics to document his all of his work. He did provide an agreement in writing on February 10, 2010 stating that he would complete all of the work agreed upon in detail, listed a schedule of work to be completed and the days that each job would be completed by, he listed that his hours worked would be from 9-5 on the weekdays and 10-6 if the day fell on a weekend. He also stated that all of his work would be completed by February 15, 2010 in exchange for the vehicle. I also printed off texts that he sent on days that he either didn't show, didn't call, or when he said he couldn't come, as proof that he has not kept his end of the agreement. He did have a face to face talk with both of us two weeks ago and admitted that he was embarrassed that he has such an attendance issue and that he'd text and not show up, or call and tell us he was coming & he wouldn't show. I did document that conversation as well. Again, after that conversation he still failed to show up when he said he'd come to complete the work. We've been trying to be fair & we want to handle this the best way possible, so that my mom doesn't end up getting screwed any further.

As of now, my mother will have to pay someone to fix the work that he's done and I don't want her to get shafted giving this guy anymore time, knowing that he will not commit to his end of the agreement or quality of workmanship for any of the repairs that need to be completed. I am due to talk to him face to face tomorrow & I would really appreciate some advice on the best way to handle this? I feel I should document it all in writing to further back up what I have in writing already - his agreement, the texts, the photos, etc. Can anyone else advise me on what else I should do to cover my mom from any legal issues with this guy? Should I provide him written notice that if all the work agreed upon is not completed correctly by the end of March 2010 that the deal is off?
 
Last edited:


justalayman

Senior Member
I guess you missed it when they sent out the notices that the germane state is required when you post a question. That is a pretty important bit of info when you are asking questions such as this.

I guess you thought it just wasn't important.
 

2010reeree2010

Junior Member
Reply

I guess you missed it when they sent out the notices that the germane state is required when you post a question. That is a pretty important bit of info when you are asking questions such as this.

I guess you thought it just wasn't important.
I accidentally typed over it, but went back and added it.
 

2010reeree2010

Junior Member
reply

My mom bought all of the materials and kept receipts for everything.

I'd rather not deal with this guy any further, but for whatever reason she has said she will give him until the end of this month.

I would much rather sever this agreement and move on, but its her idea to give him until March 31st. Do you have any suggestions on the best way to handle this?
 

justalayman

Senior Member
If it were me the guy would be long gone but if your mom, who is footing the bill want to continue to contract the guy, it is what it is.


If you are going to allow him more time, you really need to set out in no uncertain terms when the job must be finished, what happens if it is not finished, and either how much you owe him (if anything) or a method to determine how much he is owed at the time.

Do realize that he is owed for his work he did perform whether he finishes the job or not. You are not entitled to an unjust enrichment which means you cannot simply refuse to pay the guy what he deserves based on what he actually did. I'm not saying you are considering it or would do it, just saying not to.

Whether you include an hourly rate or a per job rate and calculate what is owed based on a percentage of work completed is up to you folks but you really need to include this. Based on his history, I suspect you will need to do some calculating come the end of the month.


one note: is the 31st a realistic timeline? I do not know what work has yet to be finished and how long is should take. Just make sure the timeline is realistic.
 

2010reeree2010

Junior Member
reply

She already paid him what they agreed to - the $200 per week for a month. I understand what you're saying. However, she wouldn't owe him anything more money-wise. If he were to able to finish all of the work by the 31st & all work was done correctly & completely, then she would owe him the vehicle.

I do grasp what you're saying and would much rather cut ties. I will talk to her in the morning to change her mind. Again, do you think it is advisable that I sever the agreement in writing, detailing all of the reasons as to why the deal is off?
 

justalayman

Senior Member
memorializing agreements and the like are always better in writing. Less chance of a misunderstanding or one party making a claim the other refutes.


While you say all money has been paid, what happens if he works enough to earn 1/2 of the truck?

You need to realize also that if you do cut the guy loose and settle with him, whoever comes in after him may not have a similar price to finish the work as the first guy would have been charging. That does not give you any rights to go back to the first guy for the difference, or anything for that matter unless the first guy's work had to be redone for some reason that was his fault.
 

2010reeree2010

Junior Member
reply

Thanks for your advice. I will explain it to my mom, just as you detailed it here. The errors in his work have totally been his fault and I will detail it in writing. I am hoping for a swift resolution today. Thanks again.
 

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