Legal Question in Construction Law in Washington

Small business, dissatisfied homeowner.

I just started my own hardwood business, I had a homeowner who wanted some repair work. He paid me $350 for the wood, which I delivered to the jobsite that day. We had a verbal agreement, but I told the homeowner that I needed them to sign a written agreement and pay a deposit for labor. They agreed, I showed up and began removing the old flooring in the repair area, after an hour or so the homeowner did not show up and would not answer or return calls. So I stopped working and left the jobsite. They called me 4 days later, and said that it was a misunderstanding and that he wanted me to do the job. I told him I needed a signed agreement and a deposit. I showed up a second time and the same thing happened, he didn't show up, no signe agreement, no deposit and wouldn't answer my calls. Now he says he is going to sue me for$5000 because I tore out a small portion of the floor. My question is: I stopped working because he did not pay a deposit and did not sign the agreement so am I still liable for repairing the floor? Legally should I go back and replace the flooring and return the wood he bought? Also, if it comes to a court case, can I counter-sue him for all the time, gas money, trip-fees ect?


Asked on 10/09/07, 1:23 am

2 Answers from Attorneys
Theresa Petrey The Law Office of Theresa Petrey

Re: Small business, dissatisfied homeowner.

I think you should see a local attorney and spend the money to get some help on this. Never take on a residential remodeling job without a written agreement and at least 1/3 of the job cost up front. It very clearly sounds as though you have run into one of the many small contractor rip off specialists out there that line their own pockets by playing games with small business people providing home repair services. Also, have your lawyer go over the construction lien laws.

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Answered on 10/09/07, 10:37 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Small business, dissatisfied homeowner.

Ms. Petrey raises some very good points, but this is what concerns me when reviewing your question:

Are you a registered contractor with the State of Washington, through L&I with a license and a bond?

It sounds from your question as though you are performing contracting on this customer's residence and thus are required to be licensed and bonded.

If you are not licensed and bonded, you are not going to get paid and you are going to have a big problem if you file a lien or otherwise try to enforce the contract.

Please go get a lawyer. At least talk to one, make sure that you are not exposing yourself to even more risk.

Elizabeth Powell

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Answered on 10/09/07, 11:52 am


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