Have Legal Questions? Ask a Lawyer Now.
nothing mentioned extras
there was no payment schedule; after they got approval, they told me that insurance company would only pay one third at a time with balance at completion; I told them that I could not finance the project since I was doing it at a low fee as a favor
it is not clear; the balance to finish now exceeds the original amount because of the extras I have already paid for
I was hoping that other projects would have come on line by now so I could afford to subsidize the cosy of the project but they have not so I do not have the funds to make up the difference
if they paid for the extras there would be enough funds and they have acknowledged that there has been extra work but are now silent on paying for them
I am not clear on the extras
I understand that since there is no contract neither of us has any rights but
isn't there a provision in the law I can use with them that says, even if there is no before the fact agreement to what the value for an item of extra work is, if you , the customer, accepts the extra work, you are obligated to pay for it, the value to be determined by negotiation after the fact
OK, this sounds good so to recap this is my understanding
they do not have a right to claimdamages from me if the cost to finish is greater than what is left in the contract
even though there is no prior agreement for the extras, they are obligated to pay for reasonable cost for the work + reasonable mark ups as the industry supports
is that right
I forgot to ask, since there is no contract and therefore nop "time of essence" provision, how much slack in time would I have if we continued to take to finish the work, if in the meantime I work elsewhere to make enough money to finish
I just found an e mail which stipulated, even though we do not have a contract, that I would agree to a three payment plan as proposed by their insurance company however, the final one-thrid is due on 3/26 (and does not stipulate that it is tied to anything, completion or otherwise.
How does this improve my position.
To answer your inquiry, I did give you a tip, and an excellent rating.
The status of the dispute is that they have an attorney reviewing the file. I notified them that I would be notifying the insurance company of this dispute and they responded that since they are represented by counsel, I was not to notify the insurance company.
I replied that since the insurance company issues distribution payments to both my company and the policy hiolder, I felt obligated to notify the insurance company.
Do I have a right to do so ?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).