Legal Question in Business Law in New York

reneging on verbal agreement

My cleaning partner and I were asked by a contractor to do post construction clean-up. We informed him in advance that we charge .14 a sq ft and $8. per window, inside and out. His sectretary gave us the go ahead but once we were done and presented the bill he found fault with a couple of door jams having dust on them as well as a spot on the counter.

When we arrived there were still men working, the floors were covered with paper, and there was no hot water. We offered twice to come back when they were more ready but the workers uncovered the floors and tried to accomodate us.

Botton line, the contractor thinks our fee is too high and now wants to 'negotiate' a price more suitable to him. This guy is a fault-finder. My friend and I busted our backs cleaning this place. It was filthy from his workers with dust and finger prints on everything! What do you suggest, we have nothing in writing signed. Thank you. Chris Murphy


Asked on 5/29/06, 9:07 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: reneging on verbal agreement

First, just because there is nothing in writing does not mean that you are not entitled to get paid for your services. An oral agreement is a valid form of contract.

Second, assuming that you fully completed your services you should be paid. However, upon notice given by the general contractor that you did not fully complete your service, you properly requested to enter the premises to complete same. The general contractor's refusal to allow you to fully perform under the terms of the contract is in bad faith and violates contract law.

Finally, you can sue for damages. Damages should be for both breach of contract and unjust enrichment. Unjust enrichment is when there is no "contract", but the individual receiving your services knew he was receiving services, knew you expected to be paid for the services, and was "unjustly enriched" by receiving your services.

Mike.

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Answered on 5/30/06, 8:56 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: reneging on verbal agreement

Yuo could probably sue to enforce the agreement, but truth be told the aggravation and cost of the lawsuit would probably outweigh the cost of "renegotiating."

I suggest you renogatiate to the highest degree of advantage possible, then never work with this guy again. You may want to make a formal complaint to the attorney general if you believe the action was intentional and fraudulent. It won't necessarily help you personally but it may make you feel better that the contractor won't get away without any action on your part.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 5/30/06, 10:09 am


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