Invoice = Contract?

[girlwithemail]

What is the name of your state? What is the name of your state? MD.

My mother recently hired a contractor to remodel her kitchen. Three months after he started the job, it is nowhere near finished, yet he has been paid in full for the job. It turns out that he never remodeled a kitchen before, and he screwed up royally. We also just discovered that the contractor is not licensed to do home improvement in MD, although he assured us he was licensed at the start of the job. He and his wife (who terminated the contract) insist that the invoice they submitted for the job is not a contract, and therefore, not legally binding. Are they correct?

What can my mother do to remedy the situation? We are filing a complaint with the Home Improvement Commission in MD, but they can't offer any financial compensation since this guy wasn't licensed. She's paid almost $6000 for the job, and the limit for small claims in MD is $2500. Would she be able to find an attorney to represent her if she were to sue to get the $6000 back plus additional damages? It's a lot of money to her, of course, but she's afraid it's too small an amount to get an attorney to take her case.

My mother, sister and nephew (who both live with her) have had to eat out for the past three months, and have receipts to show how much they were spending daily as a result of not being able to cook in the kitchen. She also has thorough documentation, and correspondence with the contractor, as well as photos which show the condition in which he left the kitchen.

 

[JETX]

Q1) "He and his wife (who terminated the contract) insist that the invoice they submitted for the job is not a contract, and therefore, not legally binding. Are they correct?"
A1) Without acctually seeing the agreement, no one can answer that. I suggest you contact your local bar association and ask for a referral. Most offer low- or no-cost consultations.

Q2) "What can my mother do to remedy the situation?"
A2) Regretably, it sounds like the only option she will have is to go to court. She erred in not confirming any claim as to license BEFORE making payment.

Q3) "Would she be able to find an attorney to represent her if she were to sue to get the $6000 back plus additional damages?"
A3) Again, no one here can tell what an attorney may or may not do, but I have to assume that she can find someone.... see A1 above.

Q4) "My mother, sister and nephew (who both live with her) have had to eat out for the past three months, and have receipts to show how much they were spending daily as a result of not being able to cook in the kitchen."
A4) Sorry, can't recover those expenses.

Q5) "She also has thorough documentation, and correspondence with the contractor, as well as photos which show the condition in which he left the kitchen."
A5) Show all this to the attorney.

 

[girlwithemail]

Q1) "He and his wife (who terminated the contract) insist that the invoice they submitted for the job is not a contract, and therefore, not legally binding. Are they correct?"
A1) Without acctually seeing the agreement, no one can answer that. I suggest you contact your local bar association and ask for a referral. Most offer low- or no-cost consultations.

Thanks for your response and advice. Regarding the "invoice as contract question," the original agreement was verbal one made between my mother and the contractor, and witness by his wife, my sister and me.