Breach of Oral Agreement???

What is the name of your state (only U.S. law)? MA

Hi Thanks for taking the time to read this.
My condo management firm and I had an oral agreement (agreed to at an association meeting, in form of other members) that if I were to install a walkway from my door to the parking area (as I am the only unit with out one) they would credit me the amount quoted to them from a contractor for the materials and labor it would cost to do a walkway consistent with the others in the association. I was then to have the contractor install an "upgrade". While I was working with the contractor, the management firm then went and had a walkway installed that was the same as the other units, but not to the standard I had wanted. I had the contractor remove the walkway and install the one I wanted. The materials for the 1st install went into the driveway/common area (it was just gravel). My management firm now refuses to credit me the quoted amount for the walkway. Do I have a case for breach of contract and for the amount of the initial install?

Thank you

It depends.

In the first place, you have two potential statute of frauds issues. The first is is it of and concerns the land and the second was if it was for goods of over $500. I think the land portion probably wouldn't apply to you, but the second may. It would take a case review to tell.

The real problem is what your contract, if there was one, was. What did you promise? What did they promise? What was the consideration? What was the breach? These are why such contracts are better in writing. "Upgrade" is not a very precise term. There may not have been a meeting of the minds as to what was being discussed. Also, the person you were discussing things with may not have had the power to bind the HOA and so you couldn't even get a promissory estoppel argument as you could not reasonably rely on his alleged promise without board approval.

Lots of problems in proving up the contract, possible legal barriers to a contract and little chance for quasi-contractual remedies--and that's all assuming you acted reasonably in mitigation. What kind of money are we talking about? Since you probably have some agreement with the HOA to pay for the loser's legal fees, I'd run it by an attorney even before trying to sue in small claims.

Hi.
First thanks for getting back so quickly!

We did discuss what the upgrade would be, but were not specific beyond that it would be a brick-paver walkway and not gravel (which is what other units have). I think we were pretty well in agreement as to what the upgrade was, but other HOA members and Board members were present and could attest to what they agreed to as well (it was agreed to by the HOA). The quote for materials and labor was a total of $540 that the HOA was going to cover. I don't understand the last statement that I would pay for the loser's legal fees? Is that typical? Or do you mean the HOA would pay? It would definitely be in small claims, so would legal fees be an issue?

Thanks again.