Legal Question in Construction Law in Wisconsin

General contractor hired a Sub,final bill overinflated

I had a friend that owed me some money put together the plans to build an outbuilding and erect it. He had to hire 3 carpenters to do the framing and so forth,no problem. The electrician gave an initial bid to my friend and we added a few small things to the initial bid,I.E. some extra outlets and some conduit around a workbench area. I never called the sub to get the bid,I didn't even know this guy.A contract was never signed,no handshake nothing. Now I paid the other sub's personally because the job was being done at cost,due to the money owed to me by my friend. I paid an initial $1500 for materials to the electrician,and another 2k later after getting a bill when all the work was done. The only reason I paid the 2k was that it put us in the ballpark as far as the initial bid. He still claims I owe him $1900 more. Claims the initial bid was not for all the work and materials presented to him at the get go. I told him he was given the initial plan and stated he didn't bid it with the electrical panel included,and that add's $1000.Long story short I recieved small claims court papers today.Now correct me if I am wrong,no contract no pay?I paid him the fair amount.I'm done with him.


Asked on 4/30/09, 5:14 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: General contractor hired a Sub,final bill overinflated

Based on what you have stated, it's not that simple. You owe him the value of the work performed, labor and materials. Absent a signed contract, the custom and usage of trade is used as a standard of evaluation. I am not licensed in Wisconsin, therefore, I can only speak in general terms. If he can show that he did the work, even though it was more than the drawings showed, he probably will collect. If the debt is not paid, then he can file a mechanics lien against the property as well.

Bottom line, settle with him before you go to court, it will be better for you.

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Answered on 4/30/09, 5:21 pm


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