Legal Question in Business Law in Montana

can i get money for a job that was nearly completed ?

A fellow concrete contractor asked me if i could do a job that he had bid on and got.He was just to busy and had no time to do it--name removed--I said if it started now i could but not to wait because i had other obligations coming up--name removed--well he called 2 days before a job that i had accepted a month earlier that was to start on a mon--name removed--this was friday--name removed--I met the homeowner and he said to go ahead with the job but never did i sign,nor did i see any provision on the other contractors bid that had anything pertaining to completion dates--name removed--so anyway 2 days before i was to pour the foundation--name removed--all footings and wall forms are in place now,2weeks work)he calls and says i am fired because i took to long.am i entitled to any or part of the bid amount or what--name removed--


Asked on 8/09/99, 4:42 am

2 Answers from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: can i get money for a job that was nearly completed ?

I agree with the post of Mr. Jones. You do need a lawyer. The doctrine you may be able to recover under is known as quantum meruit. The theory here is that you should be paid for what you did. Good Luck.

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Answered on 8/14/99, 1:55 pm
Donald Jones Harrison, Loendorf, Poston & Duncan, P.C.

Re: can i get money for a job that was nearly completed ?

With the limited information you have provided, it sounds like you took a valid assignment of your fellow contractor's bid. Therefore, you would likely have the same rights and obligations set forth on the original bid contract.

Do you have a copy of the bid contract? Did you discuss the contract with the home owner? Did the homeowner understand that it would take two weeks to set the forms and complete the footings? If so, the homeowner may in fact be in breach of the contract and you may be entitled to compensation.

You should consider filing a lien on the property for the materials you supplied and labor already performed. Be warned, you likely have only 20 days from the date you delivered the materials or began your services in which to file an enforcable lien. If twenty days have already passed, you could still obtain a valid lien for any materials or services provided within twenty days prior to the lien filing.

You should discuss this matter with an attorney as soon as possible. If you would like to discuss this matter with me, give me a call at 406-442-6350.

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Answered on 8/13/99, 4:21 pm


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