Legal Question in Consumer Law in Virginia

Work Performed

A guy came to our door and said he had extra ashphault and wanted to know if we wanted our driveway done. My husband asked him three times ''How Much?'' He said ''we can work it out.'' When he finished the job, he said it would cost us $2,000. There was no price agreed on when he started the job, and there was no contract signed. Now, he called my husband's cell phone and said that he was going to put a Mechanics Lein on the house. What can we do? He has also come by the house, when my husband wasn't here. I have seven children, and I did not answer the door. I told him from inside my house that was between my husband and him.


Asked on 3/10/09, 3:31 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Re: Work Performed

Ah, the old "extra asphalt" trick. Sorry to say it that way, but it happens...

In a situation like this, they can collect under a "quantum meruit" theory.

That is, the payment they are entitled to is based NOT upon a contract, because you did not agree on a price, but is based upon the fair market value of the work (services plus supplies).

So you should find out -- and pay -- only what the fair market value is. No more.

I don't think they could legitimately put a mechanics lien on the house precisely because no one ever agreed on an amount. Or rather they could try to put a mechanic's lien on and you could probably get it "vacated" (struck out) by a court because there was no actual agreement on the price.

But if they sued you (and did it right) they could probably collect from you the fair market value of the work.

Also I don't know if that sort of thing requires a builder's license, but you might want to check into that as well.

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Answered on 3/10/09, 4:09 pm


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