Do I have to pay a bill with no verbal or written contract?

[Marsey]

What is the name of your state? Ohio

In 1997 I called a painter to faux finish a foyer. I do not have the receipt, but think she only charged me for painting, sample boards & paint and not for consulting. I called her back in 2005 to paint the kitchen & bath & she brought over paint & fabric samples several times. No decision was made - no bills received. In 2006 we had health issues and had no contact with the painter. In 2007 I called her & said I was ready to resume the kitchen project & asked her to bring over fabric & paint samples & help me with my selections. She came over several times with fabric and paint samples. I picked out 3 diffferent fabrics and found all were discontinued. Due to more health issues, I put off a decision. I just received 2 bills for her from 2005 -11.25 hrs @ $30. per hr. and 2007 - 13.25 hrs @ $35. per hr for a total of $812.75. I had no idea she was charging us for "consulting" by showing us paint & fabric samples! She never told us there was a charge, but she says she has emails from me asking her to do work for me (bring samples). Do I have to pay this ? No verbal or written contract was ever agreed upon. Should I offer a settlement? If she takes me to court, would I have to pay her attorney fees? Is it too late to pay it if I wait & see if she takes me to court? She didn't paint anything but the sample boards & she charged me for things I didn't receive.What is the name of your state?

[Ellerge]

Do NOTpay her!

[debtcollector`]

Whether or not you will have to pay her legal fees depends on if and how she sues you. You did establish a contract when you called her to do the kitchen. That you didn't get it in writing or clarify terms is on you.

Good luck.

[NASCAR_Devil]

Design consulting is very time consuming work. Having been a paint contractor I can tell you that a lot of her time went into making those faux finish samples not to mention the time spent with you going thru all the other projects. You are obligated to pay her for her time and out of pocket expenses she paid preparing your samples. Even more so since she went to the effort for you and you cancelled the remodel. As DC stated, it's on you for not clarifying the details up front.

[SF439]

I wouldn't pay. If she was going to collect a fee she should have done so at that time or sent a bill in a timely manner. Not years later.

[LindaP777]

There was no meeting of the minds and therefore no contract. Do not pay her. If she wants her money, let her take you to court and prove her case. I'd take my chances with a judge!

[debtcollector`]

Originally Posted by LindaP777

There was no meeting of the minds and therefore no contract. Do not pay her. If she wants her money, let her take you to court and prove her case. I'd take my chances with a judge!

And you would be a fool. If the consultant sues, the OP will lose and the bill will increase.

DC