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During the Nor'Easter March l8, 2018, I contacted Angie's…

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During the Nor'Easter March...

During the Nor'Easter March l8, 2018, I contacted Angie's List re the shingles that had been blown off my roof, at 12 or more). Davis and Davis New Enterprise was sent to make the repairs. He arrived Saturday, March l7,to make an assessment and to collect a deposit of $250.00. However, when he arrived on Sunday,he patched one small area with a shingle of his own, gathered up the fallen shingles on the ground, and left the premises to put the fallen shingles in his truck. He came back to my front door, and demanded another amount of $220, he called the balance. The first check was made payable to Davis and Davis New Enterprise; the second check was made payable to ***** *****, upon his request. I was home alone and petrified. He said I had to pay because he went up on my roof, and found that I just need a new roof which he could do for $10,000. This event appeared to be a calculated scheme to frighten me, a 77 year old woman, into paying him money for an amount of money for services never rendered. Please respond. What can I do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Fort Washington, MD 20744.

Lawyer's Assistant: What steps have you taken so far?

I called him to say that another shingle had fallen and requested that he come and do the work as had been requested.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He said, All right Mrs Smith, I"ll be there tomorrow. That was March 19.

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/26/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,310
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

This appears to be a classic breach of contract if this person failed to perform services, but collected payment nonetheless. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach which means you could get a return of the $220.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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