Legal Question in Construction Law in Colorado
Home improvement work and verbal contracts - where do we stand?
A friend made a verbal agreement with a contractor for work to be done on her house.
The contractor continually delayed the work being done, and seemingly misled my friend into thinking that certain work was included in the original price, when it turned out it wasn't. She paid individual contractors for some of this extra work as she went along, assuming the original price would be adjusted accordingly.
Bad assumption I guess, as now that she has received the bill from the contractor, it has taken none of this into consideration. Also, some of the original work agreed to has not been completed.
Because none of this was agreed to in writing, where does she stand? She has paid the builder a fair price for the work he completed, but he wants the full price and is threatening to take her to court.
Thanks in advance.
1 Answer from Attorneys
Re: Home improvement work and verbal contracts - where do we stand?
The problem here is proving the terms of the contract. The homeowner needs to obtain a written itemized bill. It may be possible to deduct amounts paid directly to subcontractors from the bill. However, here it is extra work that was paid for, and not work originally included in the contract.
The contractor may try to file a mechanics lien on the property. While a fair price may have been paid, a court may require payment of the contract price.
An oral contract is valid; the difficulty is proving the terms of the contract.
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