Legal Question in Business Law in Illinois

Verbal agreement with contractor

I made a verbal agreement with a septic tank contractor on thr price. We both agreeed . I gave him a downpayment before the job was done. When the job was finished i received a bill for sixteen hundred dollars more than the agreeed price. Am I libal for the extra sixteen hundred?


Asked on 9/27/05, 5:43 pm

2 Answers from Attorneys

Leon Teichner Leon J. Teichner & Associates

Re: Verbal agreement with contractor

a verbal contract is binding. unless he disclosed the terms of the price being contingent on certain conditions which subsequently changed he can not alter the price.

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Answered on 9/29/05, 10:51 am
John Pembroke John J. Pembroke & Associates LLC

Re: Verbal agreement with contractor

No, you are not libel for a unilateral change in your agreement, without more. If you can prove your agreement, that's what you owe. If you can't, or in the alternative, you can argue "quantum meruit", which is Latin for the actual value of the work. It would take other contractors' testimony to establish the value.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 9/28/05, 9:56 am


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