Legal Question in Construction Law in Virginia

legal rights for consumer when contractor overcharges

I needed electrical work done. Had an electrician come out to look at projects. I asked him for an estimate. He started doing the work without contract or providing requested estimate (I asked him over and over again, ''where's my estimate''). More than 30 days waiting for estimate I said ''Stop! no more until I have an estimate, what I owe and what its going to cost to finish job'' ''where's my estimate''); he then provides a bill for work he's done (some of which needs to be redone (not working properly)). Billing at least $1000 more than what we believe is fair (fudged hours, charging to pick up parts, charging to ''look'' at job, etc.) and still has not provided estimate for whats left. Furthermore, he brought two other guys on the job to help him (which I never agreed to) and charged me hourly wages for their (exaggerated) time. What are my legal rights here? I want to fire him. I am willing to pay for what he has done that is fair and reasonable; but can he put a mechanics lien on my property for whats left for an amount thats not fair or accurate? Please advise. There is no contract, no estimate, nothing signed, not even a gentleman's agreement here. He just started working. I need advise on my rights and what action I should take


Asked on 1/10/05, 11:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: legal rights for consumer when contractor overcharges

Pay him fairly for what he's done(what the law calls quantum meruit performance)and then discharge him with a written notice outlining the reasons for your action and the basis for the amount you've tendered as compensation.

If your ungrateful contractor then attempts to file a mechanics lien for what he believes that you may still owe for his labor and/or materials, the matter may well have to be litigated in order to be resolved.

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Answered on 1/10/05, 1:18 pm


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