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Help!!! No written contract

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maruwah

Junior Member
What is the name of your state? MO
I have a big concern on doing business without a written contract. My husband and I hired a small contract business man with a few of his crew members to finish our unfinished basement in our newly purchased home. We bought all the material they said we would need and paid them half of their asking price up front ($1500). Now they have not answered our phone calls and only worked for about 2 days worth of work. I have left messages and have not yet heard a response. What legal ramifications can I take against this small business? We do not have a written agreement with this contract and went in on good faith of both parties that this was a professional business agreement. I do not plan on loosing the money we paid them and even offered to give them an amount to cover what work was done as long as they gave back the remaining funding we paid them so we can have someone else finish the job. Will this hold up in court and what legal rights do I have to get them to pay or complete the job?
 


pojo2

Senior Member
and went in on good faith of both parties that this was a professional business agreement.

A professional business agreement would include a contract spelling out exactly what is to be done etc.


I do not plan on loosing the money we paid them and even offered to give them an amount to cover what work was done as long as they gave back the remaining funding we paid them so we can have someone else finish the job.

Depending on their financial status and even hidden assets and a possible BK to get rid of all this, you may have no choice but to lose the funds. File a small claims action and even then under the right circumstances you may get nothing but it costs very little to try.

Will this hold up in court and what legal rights do I have to get them to pay or complete the jobs?

Playing devils advocate here but since you have nothing in writing only a Judge can determine if they did or did not do what was agreed upon. Was there someone else around when the agreements were made?

Oral contracts will hold up but it is a VERY UNWISE way to do business.
 

maruwah

Junior Member
when my husband and I went in on the contract with the builders, they had told us not to tell anyone that they were doing this at such a low cost. We do have a friend that was here and asked some questions pertaining to another job request from them. As far as anything else that is it. Do you think it wise to try at a small claims anyway? These guys are starving for some work because they have such a small business and I just think that they think we were an easy target for some fast money and running. Legally, do we have a shot with going up against a judge and explaining all of this? I have all receipts of the material and a bank statement of the amount that we paid them along with photos of the work they did do. My thing is, I don't mind paying them for what they did do, but they sure as heck did not do $1500 worth of work.
 

lwpat

Senior Member
I would file in small claims for the full 1500.00 for breach of contract. It will then be up to them to prove the value of the work they did do. It is not up to you to come up with what is a fair amount, that is for the court to determine.
 

efflandt

Senior Member
The Attorney General in our state (across the river) has has 3,025 compaints about construction and home repair work gone wrong. She warns to be leery of door-to-door salespeople with no local connections who offer work at below market price and demand a deposit on the spot.

I would also be suspicious of anyone with just a just a phone number on their business card, and no address (or phone directory listing).

Nothing in writting and hush hush should have been a red flag. Do you even know their address?
 

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