Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have a dispute with a contractor, they have built a covered…

Customer Question
I have a dispute with...
I have a dispute with a contractor, they have built a covered patio and it has not come out like it was promised. The contact we agreed to states the patio would have a fire place and the details of the fire place are not listed on the contract. Those details were discussed after the contract was executed. We have documentation stating what we wanted built and nothing from the contractor stating they couldn't built it the way we wanted to. The project is now complete and they are wanting the last payment. I have reached out to the company owner and provided all emails between myself and his project manager handling our project. I have not heard back from them yet. I would like to know what I can do to protect myself.
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 minutes by:
6/10/2015
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your question. Please permit me to assist you with your concerns.
Just to be clear, the contractor has refused to make the agreed upon changes at this point? As far as your contract, is is a 'satisfaction guaranteed' agreement, or nothing within the agreement has such language? Plese advise.
Ask Your Own Legal Question
Customer reply replied 2 years ago
The contractor has stated now after the fact that they cannot build the fire place to our specifications. Because the fire place is a corner fireplace and it is a load bearing fireplace it cannot be built like we asked. They failed to mention this during the process. They had ample time to consult us on what could be built. They essentially want us to pay for something we didn't ask for.
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Hi,
Were you aware that this was not being build according to your contract at the time they were working on the property? Is there anything in writing outside the contract that shows what you wanted as part of this construction? I ask because typically what is in the contract governs so I want to understand what evidence if any you may have based on these different specs and requirements. Please advise.
Ask Your Own Legal Question
Customer reply replied 2 years ago
Yes, we have email documentation stating how we wanted the fire place built. These emails were sent before the project started. We also have emails inquiring why the fireplace didn't look like the one we asked for as well as pictures.
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Final question--in those emails did they respond to your concerns and/or promise to make alterations and amendments so as to fit your expectations?
Ask Your Own Legal Question
Customer reply replied 2 years ago
Some of the details of the fire place were discussed and we never really got firm answers on our concerns. Most of the communication between us about the fire place and how it would be built were verbal. When we stated via email that the fire place looked nothing like the one we asked for they didn't say anything about that and simply focused on the features of the fireplace. I can provide email exchanges if necessary.
Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Thank you for your follow-up. The answer that I will provide will probably not be as favorable as you hoped, so I ask that you do not blame the messenger.
There are a few issues here that harm your position in claiming that the contractor is required to make such changes. First, what ultimately governs is the contract. If there is nothing written down, the contractor is not held by the additional amendments or changes unless there is a concrete and express statement from them about agreeing to the additional work. This is why I was asking about your email chain, and if the emails do not show such work, the contractor does not have to do it as they are solely bound by what was written and signed off.
Second, if this contract you signed does not have a 'satisfaction guaranteed' clause, the contractor is entitled to get paid for the work done, provided that the work done is of proper quality. Defects have to be replaced and changed at the contractor's expense but if the work was done as per the written explanation, they have formally fulfilled their requirements. As such you need to pay them because if you do not, they have a right to seek a mechanic's lien and pursue you for costs.
Verbal communication is mostly irrelevant as it is not evidence of an agreement, the courts always focus on the written word. That is why I asked about your email chain as that may perhaps show an amendment, but if that never took place then what governs is your contract.
I am sorry, I truly am, but it appears that you are in a position where you have to pay them for their work.
Sincerely,
Dimitry, Esq.
Ask Your Own Legal Question
Was this answer helpful?
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
is a contract legal if you signed it while on prescripion pain
is a contract legal if you signed it while on prescripion pain medicine… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
Invasion of privacy lawsuit settlements
JACustomer: What are the average settlements for "Invasion of Privacy" and "Intentional Infliction of Emotional Distress?"… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
can the owner of a self storage facility cut the lock off the
can the owner of a self storage facility cut the lock off the locker before the bill is due, even if it is deliquent, and no auction date has been set. also, if the renter has paid all rent and late f… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
If a contract is signed with a finance company is it a
Good morning, if a contract is signed with a finance company is it a binding contract … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
On a funeral contract can a non contracting party request a
on a funeral contract can a non contracting party request a copy of funeral goods and services … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Contracted' (no written contract - just online) with a
39;Contracted' (no written contract - just online) with a company (AA Motorcycle Transport) to ship a cycle from FL to NM. They advertise 'door-to-door'. That's false right there - we would have to ge… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can i resind a short sale contract. Maryland. Contract has
I'm filing a chapter bankruptcy and I go to court in May. I wanted to do a short sale but now I want to keep my house.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,629 satisfied customers
I may a contract to get my roof fix, the contract was made
i may a contract to get my roof fix, the contract was made on 3-27-18. the work have not started i wan to cancel the contract … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
In contract law, the first party breaching a contract cannot
In contract law, the first party breaching a contract cannot hold the other party to enforcement of the terms of the contract, as the contract was broken by the first party. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
Does a second, updated contract void the original contract?
Does a second, updated contract void the original contract? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,263 satisfied customers
Public Adjuster Contract- I signed a contract with a public
Public Adjuster Contract- I signed a contract with a public adjuster just after Hurricane Irma in Florida in Sept 2017. This would allow them to speak on my behalf and negotiate our claim for damages.… read more
Bill Attorney
Bill Attorney
law
2,268 satisfied customers
Internet service provider contract. If the contract just
internet service provider contract. If the contract just started or is about to start, can I back out of the contract. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I signed a contract with an ATA (American Tae-kwon-do Association)
I signed a contract with an ATA (American Tae-kwon-do Association) business for my son. This is not a gym, but a facility located within a shopping center. We somewhat unwittingly signed a 3 year cont… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
Is a car dealer in Virginia required by the law to disclose
Is a car dealer in Virginia required by the law to disclose the car damage to the customer and make the customer sign a Disclosure" In house finance" ?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
41,221 satisfied customers
I want to sue Sears for distress/emotional turmoil/whatever
I want to sue Sears for distress/emotional turmoil/whatever the legal name for it is. I purchased a washer/dryer from them about 3 weeks ago--first, the washer wouldn't work when it was installed beca… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
My daughter sent me an email from this company Dior
My daughter sent me an email from this company Dior Brooks Cosmetics asking her to sign a contract with them. I have heard of Dior but not this company...Have you had any scam alerts on them … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am trying to cancel a contract with a waste management service
I am trying to cancel a contract with a waste management service for my retail store. The contract was signed in 2002 for a 3 year period, with automatic renewal for an additional 3 years. In order to… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Define Legal Sufficient and Insufficient Consideration
Define legal sufficient consideration and insuuficient consideration. Define adequacy consideration. What is the difference between sufficience and adequacy consideration?… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x