[erlindasanchez]

Hi! Recently joined this forum to get some advice.

I met up with this contractor to get a re-roof and the fascia fixed/replaced. I gave the guy $1,000 to buy the materials. It's been more than two weeks and the materials have not been delivered nor has any tear down started. The original job was supposed to cost $4,100 (for roof only), I changed to arch shingles and the price changed to $6,600 (just for roof work, which i think is unreasonable). Since I was seeing no progress within these past two weeks and this man would say he would meet with me and then bail and not answer any calls, I decided to pull out and ask for the materials that had been purchased to be delivered and I could find another contractor. Now he's claiming he needs to seek legal advice because I am pulling out of a "contract" when all that was given to me was an estimate on a purchase order form. No where does it say any details of what I can't or cannot do, in fact there are no details whatsoever.

I can upload a photo of the "contract" if needed.

I don't know if this is the right place to be posting this or not. But honestly, who do you think is in the wrong?

 

[joecaption]

#1, Without a location in your profile no ones's going to know what your local laws are.
A quote is not a contract.
Need to see what he gave you, is there a time limit mentioned?
No way is that price difference justified, only difference should be in the price of the shingles, it's far easier to install arch shingles then 3 tabs.
No materials delivered, unless he can prove he's paid out for anything in writing you should be due a total refund.

 

[erlindasanchez]

#1, Without a location in your profile no ones's going to know what your local laws are.
A quote is not a contract.
Need to see what he gave you, is there a time limit mentioned?
No way is that price difference justified, only difference should be in the price of the shingles, it's far easier to install arch shingles then 3 tabs.
No materials delivered, unless he can prove he's paid out for anything in writing you should be due a total refund.

Sorry about the lack of location, I just joined like 30 min ago. I'm from San Antonio, TX.

When I first met with him for the estimate he claimed it could be done by the end of that week, but over the past two weeks he's been saying they're going to start at a certain time and day and when I pass by the property - no activity. This has happened like three or four times within the past two weeks.

 

[SPS-1]

A quote is not a contract.

But when you agree to it, now you have a contract.

 

[r0ckstarr]

Now he's claiming he needs to seek legal advice because I am pulling out of a "contract" when all that was given to me was an estimate on a purchase order form. No where does it say any details of what I can't or cannot do, in fact there are no details whatsoever.

Does it list an estimated completion date?

But when you agree to it, now you have a contract.

Nope. You just have an agreement. You would need something in writing, signed by both parties, to hold up in court.

 

[SPS-1]

You would need something in writing, signed by both parties, to hold up in court.

I am no lawyer, but I believe you are wrong there. Buyer's signature is simply proof that you agreed to it. If you have a quote that defines the scope of work, and giving the fellow $1000 is plenty of proof that you have an agreement and a contract. A verbal contract can even be binding --- just that it is typically impossible to prove what was agreed to.

Exception is transfers of land, which there are typically laws on in place that specifically say must be in writing to be valid.

 

[r0ckstarr]

--- just that it is typically impossible to prove what was agreed to.

Sorry. ^ That's what I was trying to say.

I did some googling and found this bit of info:

http://www.nacollawfirmblog.com/business-transactions/verbal-contracts-and-texas-law

Verbal contracts in Texas have limitations. Let’s say that a contractor wanted to paint the outside of your house. You decide to pay the contractor seven thousand to paint the outside of the house and the job will take approximately 3-8 weeks. If you have a verbal contract with the painter and pay him this could be legally enforceable in a court of law. The verbal contract with the painter is not invalidated by any provision set above in the Statute of fraud. It is a contract for service, under one year, and adequate consideration has been given with the payment of seven thousand dollars.

The best course of action in the litigious world we live in is to cover your tracks by securing a written contract in almost all circumstances. Do not rely on the limited options that allow a verbal contract to be enforced because in court you will have to deal with the “He said, she said” testimony and incur significant cost of litigation unnecessarily.

 

[SPS-1]

Unfortunately for the OP, this is not a verbal contract anyways. The quote is the contract.
The only thing the OP could say perhaps is that the contractor broke the contract when he gave 4 different starting dates and broke every one. If I were the judge I would accept that.

 

[del schisler]

Hi! Recently joined this forum to get some advice.

I met up with this contractor to get a re-roof and the fascia fixed/replaced. I gave the guy $1,000 to buy the materials. It's been more than two weeks and the materials have not been delivered nor has any tear down started. The original job was supposed to cost $4,100 (for roof only), I changed to arch shingles and the price changed to $6,600 (just for roof work, which i think is unreasonable). Since I was seeing no progress within these past two weeks and this man would say he would meet with me and then bail and not answer any calls, I decided to pull out and ask for the materials that had been purchased to be delivered and I could find another contractor. Now he's claiming he needs to seek legal advice because I am pulling out of a "contract" when all that was given to me was an estimate on a purchase order form. No where does it say any details of what I can't or cannot do, in fact there are no details whatsoever.

I can upload a photo of the "contract" if needed.

I don't know if this is the right place to be posting this or not. But honestly, who do you think is in the wrong?

get your money back broke to many times contract is not good any more , good luck i think you are out the first money tho , try the court thing now

 

[BayouRunner]

He's already spent your money. If he's a legitimate contractor you will get it back. You also changed terms by changing the job or shingles. Do not pay contractors in advance. I feel it's ok but I don't do it, to pay for materials once they are on the job but never in advance.

 

[PatChap]

He's already spent your money. If he's a legitimate contractor you will get it back. You also changed terms by changing the job or shingles. Do not pay contractors in advance. I feel it's ok but I don't do it, to pay for materials once they are on the job but never in advance.

We take 10% when you sign the contract and 10% more when we show up. Contractors are not banks, down payments are fine and show a level of commitment on both sides.

Let's say a job is worth $5000. Why should I trust you to owe me $5000 when you won't trust me with $500.

 

[craig11152]

We take 10% when you sign the contract and 10% more when we show up. Contractors are not banks, down payments are fine and show a level of commitment on both sides.

Let's say a job is worth $5000. Why should I trust you to owe me $5000 when you won't trust me with $500.

When I was in the business our policy was 50% at the start of the job. That meant a crew was there to physically start. Often times the shingles, felt, ice shield were already there on the roof. During the busy time of year we often scheduled delivery's a day or two in advance. An early delivery was on our dime as we still didn't ask for the 50% check till we were ready to start that day.

 

[BayouRunner]

We take 10% when you sign the contract and 10% more when we show up. Contractors are not banks, down payments are fine and show a level of commitment on both sides.



Let's say a job is worth $5000. Why should I trust you to owe me $5000 when you won't trust me with $500.

I understand what you are saying but the dishonest ones ruin it for all of us.

 

[erlindasanchez]

get your money back broke to many times contract is not good any more , good luck i think you are out the first money tho , try the court thing now

Yes. I feel as if I'm being given the runaround with him saying he needs to seek legal advice and my patience is running thin already. If we can't figure out a simple way to do - such as getting materials delivered (if purchased) and having the difference refunded, I'm just going to file a small claims case on Monday.