Legal Question in Construction Law in Utah

Verbal Agreements with Construction Law in Utah

How valid are verbal agreements in construction law in utah? I bought a home 1.5 years ago. The home was brand new at that time. Myself and a friend laid the tile for the home. Contractor asked if heaters could be left in home overnight while floor was drying. Was told by contractors, yes. Next morning, heaters x 2 gone. No one would account for them or who took them. When asked contractor about this, she said: ''I remember telling everyone. I'm not sure who took them.'' At this point, unsure how much of flooring was dry and/or froze. It all appeared dry and considereing the time constraint we were under, we continued laying tile. A year later, at year warranty due date, groute is crumbling where the heaters were removed. Brought this up to contractor and asked if he would be able to help and she denied saying anything of the sort. (How lucky for her). Is this verbal agreement something that would hold up in small claims court? I've had professionals look at the tile and ''guess'' what happen and they have all agreed on the problem. Areas of house that had continual heat are fine.


Asked on 4/18/05, 7:17 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Verbal Agreements with Construction Law in Utah

You can try small claims. There is an issue that once you knew the heaters were gone, and did not remove the tile and re-lay it that you assumed the risk. But give it a try.

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Answered on 4/18/05, 7:54 pm


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