Legal Question in Civil Litigation in Illinois

Making a verbal agreement on putting in a swimming pool

With a verbal agreement, we hired a pool installer because he said he would use a wheelbarrow instead of a bob cat to prepare the site so it wouldn't destroy our yard. The day before he came and said he was going to use the bobcat instead. I offered my lawn tractor and trailor. He laughed at my comment. Next day he used the bobcat and tore up at least half of my back yard. He rutted the pool area beyond repair. It will be quite a while now before we can finish the install of the pool. Do we have to continue with him or can we use someone else? Do we owe him anything for the mess he made?


Asked on 6/03/03, 2:30 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Making a verbal agreement on putting in a swimming pool

A little messy without a written contract - however, it sounds like he might have broken his side of the deal which would give you grounds to pull out - however, if you stood by and watched him do the work without stopping him, he may have a defense to receive his full contract price. However, your damages may outweigh his. It's a chance you would take and an oral contract can come down to his word versus yours. On the other hand, you may have a cause of action against him for the damages he caused - possibly calculated by how much extra it would cost you to hire another pro to do the work. Too many issues here to give you solid advice based on those limited facts.

Read more
Answered on 6/04/03, 12:35 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Illinois