Legal Question in Business Law in Pennsylvania

Implied Contract

When hiring a surveyor over the phone to go to your property to have it surveyed and stating up front that you need the survey in a certain amount of time and they take the job and take over three months to send any info (the surveyor finally sent the findings out only after we ourselves contacted the zoning officer and getting the info without the hired surveyors' help) Also the hired surveyor never returned our phone calls after the initial call. Does this mean he broke his contract for services he waited so long to preform? It seems to me after I spoke with the zoning office in my borough and let them know that the surveyor who was hired never did anything so when he heard that he hurried up and sent out the fema map to us which we had already gotten from the zoning office ourselves. Did he brake his contract with us by not producing any results and not contacting us after leaving numberous messages?


Asked on 8/27/07, 12:34 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Implied Contract

You asked about a contract which was not timely performed.

Verbal contracts are generally enforceable and time can of performance may often be implied. Also, if a party stated time is of the essence then that could be a condition of the contract.

It would have been best if you had canceled the contract. You can probably get out of the contract because of the delay. Messy situation exacerbated by the poor performance of the vendor.

You may be sued if you don't pay, but I think you'd be right and would win.

Regards,

Roger

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Answered on 8/27/07, 11:43 pm


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