What is the name of your state? Indiana
I recently built a detached garage, and hired out the concrete work for the slab, that included an option for doing the driveway/sidewalk. After having so much trouble with the company on the slab, and then finding out my neighbor does concrete work on the side, I hired him to do the driveway. Stupid me, since he was my "good" neighbor, things weren't done real technical with a formal contract, but got a quote from him detailing the initial work, but he left out the driveway concrete costs since I hadnt firmed up the plans which I provided him a few days later. Even though the quote stated "Pay when Job is Completed" he had just lost his job, and asked me if I would front him the first $2,500.00, which I did. After paying him this amount, and by then I had provided him formal plans, I asked him for a remaining balance so I could budget for it, which he verbally said was $3,500.00.
Things progressed, he formed things up, had the gravel poured, and we agreed I would drive on it for a month or so to pack it down good before pouring. I wasnt in any hurry, so this was perfectly fine. A date was given for when he would pour, which passed with nothing done. This repeated over and over again. Finally after about the forth time, and things now reaching a point where I needed it done. I emailed him stated I needed to have things done by a specific date(5 weeks later), and why, if he wasnt going to be able to do it, to let me know then so I had time to find someone else. He said no problem, he would have it done, and it didnt happen. That was the last straw, and in my opinion after establishing a specific date, and reason for why I needed it by then, and even giving him an out, his actions were a Breach of Contract.
Up to that point, I had been very patient, and VERY accommidating, but once that date passed, things have gotten ugly. As a result of me being upset, he eventually poured the concrete, but one 15' area of sidewalk got damaged by rain coming before he could complete/cover it. There is also a dispute now on the amount due.....he has since added things to the bill I never agreed on, and said he forgot to adjust for some added concrete we agreed on**************he had the detailed plans(by the way, he lost the first set and I had to print another), so if he forgot, it shouldnt be my problem.
Like I mentioned, the only actual "contract" I have is the initial quote, which doesnt detail the final cost, so his word against mine on the 3,500.00 being the final amount....other than some emails between me and some friends that mentioned this was the agreement right when it happened. If anything, that should show it was my "understanding" at that time. I have a good timeline, receipts, emails, and lots of other proof to collaborate these things, but where things stand now is I have a damaged section of sidewalk that needs replaced, and because we are in disagreement on the final cost of things, he has just notified me that work is stopped until balance paid in full. Does he have the right to do that? Is he in breach of contract when he didnt meet the specific date, and if so, can I claim damages? It just seems like if take him to Small Claims, and the only thing I get out of it is the job done the way it was suppose to, and it cost me what it was suppose to, I am out all the hassle and cost of taking him to court and he losing nothing?
Help,
Bob
I recently built a detached garage, and hired out the concrete work for the slab, that included an option for doing the driveway/sidewalk. After having so much trouble with the company on the slab, and then finding out my neighbor does concrete work on the side, I hired him to do the driveway. Stupid me, since he was my "good" neighbor, things weren't done real technical with a formal contract, but got a quote from him detailing the initial work, but he left out the driveway concrete costs since I hadnt firmed up the plans which I provided him a few days later. Even though the quote stated "Pay when Job is Completed" he had just lost his job, and asked me if I would front him the first $2,500.00, which I did. After paying him this amount, and by then I had provided him formal plans, I asked him for a remaining balance so I could budget for it, which he verbally said was $3,500.00.
Things progressed, he formed things up, had the gravel poured, and we agreed I would drive on it for a month or so to pack it down good before pouring. I wasnt in any hurry, so this was perfectly fine. A date was given for when he would pour, which passed with nothing done. This repeated over and over again. Finally after about the forth time, and things now reaching a point where I needed it done. I emailed him stated I needed to have things done by a specific date(5 weeks later), and why, if he wasnt going to be able to do it, to let me know then so I had time to find someone else. He said no problem, he would have it done, and it didnt happen. That was the last straw, and in my opinion after establishing a specific date, and reason for why I needed it by then, and even giving him an out, his actions were a Breach of Contract.
Up to that point, I had been very patient, and VERY accommidating, but once that date passed, things have gotten ugly. As a result of me being upset, he eventually poured the concrete, but one 15' area of sidewalk got damaged by rain coming before he could complete/cover it. There is also a dispute now on the amount due.....he has since added things to the bill I never agreed on, and said he forgot to adjust for some added concrete we agreed on**************he had the detailed plans(by the way, he lost the first set and I had to print another), so if he forgot, it shouldnt be my problem.
Like I mentioned, the only actual "contract" I have is the initial quote, which doesnt detail the final cost, so his word against mine on the 3,500.00 being the final amount....other than some emails between me and some friends that mentioned this was the agreement right when it happened. If anything, that should show it was my "understanding" at that time. I have a good timeline, receipts, emails, and lots of other proof to collaborate these things, but where things stand now is I have a damaged section of sidewalk that needs replaced, and because we are in disagreement on the final cost of things, he has just notified me that work is stopped until balance paid in full. Does he have the right to do that? Is he in breach of contract when he didnt meet the specific date, and if so, can I claim damages? It just seems like if take him to Small Claims, and the only thing I get out of it is the job done the way it was suppose to, and it cost me what it was suppose to, I am out all the hassle and cost of taking him to court and he losing nothing?
Help,
Bob