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Ely, Attorney
Category: Business Law
Satisfied Customers: 102379
Experience:  Counselor at Law.
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I have a question regarding a contract.

Customer Question

Hello I have a question regarding a contract.
Submitted: 2 years ago.
Category: Business Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
What can I answer for you, please?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
Hello, my husband has a stucco company and received a request from another contractor that subcontracted a job out to him. Our general rule is that we ask for 50% down once agreement is signed and 50% when the project is completed. We received our first 50% in 2 payments which we agreed to but we needed to purchase more material so we contacted the contractor who had mentioned he would try to open a credit account with the supplier that we needed the material from. We had another house to continue that following week this was on a Friday. We got a hold directly of the owner who is also building his home and contracting companies for certain things on the property. He asked me to place the order for the material and that he would pay for it. At that point the contractor called him and the owner told him that we contacted him directly and to take care of it to the contractor. we never heard back from the owner or contractor that weekend even after several phone calls. The owner then contacted my husband that Monday and told him he had called to pay for the material. My husband asked if he would pay us when we were done because the contractor had not called us that whole week and he said to finish the house and that he would make sure to pay us once we were done. He said he would take our invoices to his bank where he is getting draws out this Monday which is today this happened last Thursday so that the bank would cut the check and mail it to us, we adviced him we did not know that this is how he was going to pay us and that we didn't have the time to wait for the check to come in the mail and that we always get paid via check or cash as soon as job is finished. That Friday he heard from the contractor and said he would be there tomorrow Tuesday, bot***** *****ne is that the owner now wants us to wait and see if the contractor is going to pay us. I told him we made a verbal contract with him about him paying us and now also wants to deduct that 1800 that he paid for the material from the total and I would like to have that amount not deducted because of the damages and harassment weve been receiving from our employees about them taking us to small claims court, ect. Should I accept the total amount that was due with the material deducted or should I ask for the total amunt due without the material deducted because of his deceitful practice.
Expert:  Ely replied 2 years ago.
Thank you. Just to clarify, how were they being deceitful? Thank you for your patience...
Customer: replied 2 years ago.
Because he hasn't paid us, he said we would get paid when we were finished we finished this Friday and we still haven't gotten paid.
Expert:  Ely replied 2 years ago.
Thank you.
It all depends on what the agreement was. IF THE AGREEMENT INCLUDED MATERIAL DEDUCTED, then it should be deducted. IF THE AGREEMENT DID NOT INCLUDE MATERIAL DEDUCTIONS, then it should not be deducted.
If the agreement is SILENT on the matter, then whatever the parties verbally agreed to (in addition) to the agreement controls. If the parties disagree on this verbal additional clause, then the Judge decides as to what was likely agreed upon.
So if the agreement included the material to be billed, I would also bill for the material. Period. Regardless of anything else.
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