Legal Question in Business Law in New York
Law of Contract
1. Alban�s house was badly damaged by a storm in March. He engaged me, a builder, to repair the damage. I told Alban that the work would cost $4000 and that it would be finished by 1 May. Alban wanted to put the house up for sale in May and accepted my terms.
2. I started work early in April but my progress was hampered by bad weather. Two weeks later I informed Alban that I would only continue the work if Alban agreed to raise the contract price to $ 5000, to cover overtime costs. Reluctantly Alban promised to pay the new price. I then completed the repairs before the end of April and sent Alban his bill for $5000 but Alban said that he was now in financial difficulties and could only afford to pay $3000 in full settlement. Fearing that I would otherwise receive no payment at all, I accepted $3000 in full settlement. I recently learned that Alban�s plans to go to Africa on safari for two months later this year.
3. Please Advise me whether I have any right to further payment from Alban.
2 Answers from Attorneys
Re: Law of Contract
Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.
Without a written agreement specifying terms, the original price and then the new price, you have virtually no enforceable rights to recover the additional $2,000.
I hope that this has been of some benefit.
Re: Law of Contract
Sounds like you tried to strong arm him and he ended up strong arming you. If you accept payment in full settlement there is nothing you can do.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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