Legal Question in Business Law in Pennsylvania

Verbal Contract dispute

My husband and I run a small construction business. Approximately 1 year ago we asked another contractor to assist us on some local work because we lost our employee of 6 years due to a death. In the beginning of this year we approched this contractor regarding travel to Maryland to build 3 custom log homes. He agreed to this only if we paid him an additional $8/hr. So the verbal agreement was set that if he committed to building 3 homes with us if we would pay him the additional money. Since he had never done this before we thought of it as an investement. He would learn on the first and the remaining 2 he would have the basic knowledge. Before the first home was build he decided that he didn't like traveling so he wanted out. Franic to find help we found a laborer to assist us in the completion of the first and the remaining 2 homes. Since the contractor backed out we reverted the agreement back to the original rate we were paying him prior to leaving the state to work. He wants to sue us for the difference. What should we do?


Asked on 8/11/04, 7:57 pm

1 Answer from Attorneys
J. Bryan Tuk Mandracchia & Modesti, LLC

Re: Verbal Contract dispute

Based on what you have described, he breached the agreement, which relieves you of the duty to pay him for the completion of the 3 homes. However, he probably has a good argument that the pay rate included the additional $8 per hour while he was on the job.

From a practical standpoint, you also have to ask yourself whether the difference in wages your former employee is seeking is worth the energy required to battle with him over it, and maybe he'll settle for some fraction of what he is asking.

If you wish to discuss further, please call me at 610 584 0700

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Answered on 8/12/04, 8:50 am


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