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Now they want more money

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I live in AR. Although we have no signed contract we have hired someone to build a fence. They provided a diagram with optional types of fences to choose from along with the prices to do each type. We verbally agreed to a fence which was $3000. We paid the party $1500 down. I clearly marked under memo on the check 1/2 down (deposit) for fence work. The party signed and deposited the check. Now that the work is 98% done the party has informed us that he under estimated the materials needed to do the job and was going to bill us an additional $200 - $500! They are threatening to collect the $1500 and not complete the rest of the work if we don't pay these "additional" amounts. Obviously we aren't going to pay them a red cent until the job is completed to our satisification. Do they have a leg to stand on in trying to charge us more??? Thanks so much.


Senior Member
My response:

No, they are wrong. Your check is a "Memorandum" of the agreed price. You're lucky they cashed the check, or your contract would not have been enforceable under the Arkansas "Statute of Frauds".

Send them a "Demand" letter that they complete the project, at the contract price. Send it to them by CERTIFIED RETURN RECEIPT MAIL, ONLY. If they don't complete the work within a reasonable amount of time (10 days), then sue them in Small Claims court for breach of contract, and anticipatory breach of contract.

They can't change the "game rules" in the middle of the game. It's tough that they "underbid" the project - - they are the one's in the superior position to know how much a project should cost. If they made a mistake, it's their problem, not yours.

Go get 'em !


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