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I have someone that did some work in my home and created some damage that he said he would repair to my satisfaction. He took $600 off the bill for me to pay when things were resolved to my satisfaction. He is now saying it looks good enough to him and that he is no longer liable and I need to pay him or he is going to put a lein on my property and take me to Small Claims court. The contract that he has has my name at the top but is signed by my friend that lives with me. I wrote a check for partial payment. Is this a binding contract?
State/Country relating to Question: Minnesota Already Tried: I have only spoken to the person who did the work for me. He admits to damaging my tub but says he thinks his patch job is satisfactory and I disagree. You can still see the chips that he admits to creating. He claims the some of the damage was there prior to his worker coming in. I know that it wasn't and if it were, the finish on the tub is still under warranty and I would have had it fixed.
HelloCustomerIn contract law there is a term called "unjust enrichment" that basically provides that one party to a contract cannot use a defense, such as someone else's signature, to void a contract where the other party has already substantially performed their duties under the contract. In addition, you ratified the contract by having him make corrections in his work and by negotiating offsets. So, in my opinion you may very well have a legal contract. The only issue is whether he substantially performed his duties under the contract and in a reasonable workman's manner. That depends on the facts and you can try to use the fact that he didn't perform the work as promised as a defense to his action for the full amount of the contract.
Attorney
Licensed Atty, 25 yrs exp in the practice of law.