Legal Question in Civil Litigation in Indiana
Verbal Contract
We hired a concrete contractor verbally, he spent 5 hours on the job removing part of our driveway, then left us a msg that his money was tied up on another job and we needed to find someone to finish our concrete work. What are our obligations to pay him for what he has done?
2 Answers from Attorneys
Re: Verbal Contract
Your obligations are to pay him for the work performed. However, if it costs you more than the original contract price to hire someone else, the original contractor would be responsible for the difference. Additionally, a strong argument can be made for some sort of adjustment for the loss of use of your driveway due to the delay. You need to look for another contractor asap.
Re: Verbal Contract
I would add that there may be a problem with Indiana's home improvement fraud statute. Not one that will keep you from your obligation but one that might change it a bit. read http://haslerlaw.blogspot.com/2008/10/indiana-home-improvement-fraud-give.html. And then get yourself to a lawyer.
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