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I hired a contractor who has done alot of work in my senoir…

I hired a contractor who...
I hired a contractor who has done alot of work in my senoir park, he to lives there so I've seen alot of his work, one night he asked when I was ready to landscape my yard, I told him I needed a new front pourch an got bids at 2600 dollars, he then said he could do my pourch along with the landscaping for $3,000, and when did I want to get started, I said tomorrow, the nexts day we started demolition but after the frist purchase of material he then changed to the pourch only , I felt trap! He said, 1,500 materials, 1,500 labor, at 25hr paid daily, when it hits 3,500 he said not my fault, then 4,00 he said I'm a friend helping a friend, where now at #6,000 the job isn't finished and he won't work more than 3hrs a day in intervals because its to hot at 72°, today I fired him cause I'm broke, help can you help please
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Answered in 1 hour by:
3/16/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 3,969
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Give me just a moment to review what you've written.

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Do you have anything in writing as to the terms of your agreement?

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Customer reply replied 4 months ago
Nothing from himself, I have kept a running logs of trems he set and the daily pay out of labor and materials, also writin statements from other senoirs in my park,. Can I win?
Customer reply replied 4 months ago
Did you receive my last message?

Hello there :) Unfortunately you've got a situation where there is no written contract and the terms of the oral contract are in dispute - and therefore there's nothing a judge can enforce unless you can PROVE that there was an oral contract. Text messages, any voicemails you might have received, anything at all in writing would be helpful - otherwise it's his word against yours. You can potentially argue some equitable forms of relief, even though proving the existence of a contract is not easy. I'm not going to lie to you... winning is not going to be easy w/o some evidence. Please let me know if I've answered your question. And I'm apologizing in advance if you perceive this information not to be "good news" but unfortunately I can't change the law... I'm just trying to avoid you having to deal with a huge headache to the extent that I can help you do that :) If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 4 months ago
It seems to me the oral contract was:
1st, understanding of what needed to be done .
2nd, trems where establish by himself to be 1,500 labor, 1,500 materials
3rd, compensation was made by myself by paying him 25 an HR payed everyday.
4th, damenish capacity, or under age.
Dose this not make a binding contract?

Yes, it would be an oral contract - but you'll need to PROVE that there was an oral contract, which is why I said you'll want to provide as much evidence you have so he can't deny it.

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Customer reply replied 4 months ago
Well as he had to get approval from management he spoke to them about the job and what we were doing, and management is on my side should I see, seems there's several senoirs he's done this to as well ,
Customer reply replied 4 months ago
I'm a retired vet on premate disability, my income is very small and I just can't afford this man taking my money, I now have to send parcial payments for the next 4 months just to catch up, please any advice?

If management is willing to sign a notarized statement regarding cost and work done that would be very helpful.

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You can take him to small claims court and ask the court to compel him to finish the product for the amount agreed upon - which would mean refunding the amount of overpayment.

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Customer reply replied 4 months ago
I would be happy with any judgement, however he stopped working many times because it was to hot, it was 72° out,
Any suggestions are appreciated
Customer reply replied 4 months ago
Also can I bring my other senoirs into this so they might recuope there losses?? If not maybe character witness?

No - you wouldn't be able to bring in other seniors UNLESS you filed a class action - and that wouldn't be done in small claims court.

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However, each senior can sue him individually in small claims court - or you guys can band together in civil court.

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Small claims court is a lot easier for an unrepresented litigant to be than civil court. You'll really want to have an attorney in civil court.

Unfortunately there's no way to force him to work - unless a court orders him to work OR orders him to pay you money damages.

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Customer reply replied 4 months ago
Thank you so much for your advice you've been more than patient with me and any survey you have you'll get 10's.Happy St Patrick's Day
May I contact you at a later date?

Thanks so much for your kind words :) If you don't mind, could you please submit a rating. 5 stars is always appreciated :-)

And, yes, you can absolutely contact me any time!

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If you click HERE or https://www.justanswer.com/law/expert-droliviak-jd-md/?rpt=3800 or by put "This Question Is For Olivia" before you start typing your question it'll bring you back to me :)

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 3,969
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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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.

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