Legal Question in Construction Law in Kentucky

Unfinished Playhouse

We had a verbal agreement with a man to build a playhouse in our yard for $1500. We have no contract, but we do have receipts showing an owed balance of $500. The outside of the playhouse is beautiful, but the inside is shotty and unfinished. It was supposed to be finished 2 months ago in March, so 3 weeks ago we told him that we would pay the remaining balance upon completion. Since then, he fails to show & the craftsmanship has decreased dramatically. The lenolium is wrinkled & lacks glue in the middle (I can lift it and put my arm under it), carpet is not laid, trim work is not completed, cabinets are not installed, rails for the steps are not done, and drywall work is very poor.

Realizing he is having some health and personal issues, we asked if he would agree to let us use money from the remaining $500 to finish the playhouse and pay him whatever is left when we are done. He said he was $800 in the hole because he did not charge labor and cost of materials increased in the spring. He wants us to pay the $500 but is unwilling to finish and threatened to haul the playhouse away on a flatbed.

We painted the porch and walls ourselves and bought some materials. Who owns the unfinished playhouse? Do we have to pay?


Asked on 5/29/09, 12:55 am

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Unfinished Playhouse

If the property is located on your land, and he attempts to remove it, call the police and have him arrested for trespass and theft. If he wants to sue you for the remainder of the monies or additional sums, let him. Document the entire case with video and photos and any writings you have regarding the deal. Get the playhouse repaired and finished and enjoy it. I doubt this guy will come after you. Good luck!

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Answered on 5/30/09, 12:28 pm


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