Legal Question! Need Some advice!

[redhen]

The thing is.. once he wrote that customer a letter mentioning money and work..etc... it isnt just verbal anymore... IMO

 

[thaiturkey]

The thing is.. once he wrote that customer a letter mentioning money and work..etc... it isnt just verbal anymore... IMO

That was an email ending the arrangement, not a contract. I doubt whether it would have any detrimental affect on the OP's position. Neither party can deny that there was a contract but, being a verbal one, there's probably no proof as to what were its terms.

 

[Young Farmer]

Yes I do have liability insurance and I am regestered with the state as a business. Now I know that not having a contract is dumb, like I said now I wirte a contract for every singal job I do to protect me (had a nother issue with some one not paying but thats over ad done with) and the home onwer. I called my grandfather about it and he said that from what it sounds like this man is just a jerk and trying to get me to work for free by scaring me, I stood my ground and did not act scared or nervous when he was yelling at me. We do not think he will take me to court because he has no proof except the quick estemate i did (which is incorrect because we added more work/money ti the deal). This document is not signed by either one of us and the only other writen communication between us is a few emails about start dates and then the email stating I will not be compleating the work and will not be collecting the ret of the money.

What I dont get is why he is doing this. Its not like I stole money or anything, I juat wishe people didnt have to be so rude.

 

[rebelcowboysnb]

A verbal is treated the same as a paper contract in the US. So yes, expect to be treated as if you were under contract. Go find a good lawyer an pay him a retainer. Give him your insurance info an get some of his cards. Any time he or someone else makes threats like that, hand him your lawyers card an tell them to take it up with your lawyer. That will end it 50% of the time an the other 50% will call your lawyer an most will change there mind about suet once they do.

A retainer may cost you something like $150 but being able to use the words "my lawyer" or "lawyer on retainer" is priceless for a business. Peoples mind goes from you being a dumb kid to you being backed by a big law firm an that you are ready for them. Business litigation is mostly a game of chicken.

 

[chickened]

Get used to it, people can be jerks. I have been in business for 25 plus years working with landowners and have had 2 jobs go south and it was partly my fault for not being diplomatic about the problem. In the future put it back to them, ask them what" would you like me to do?" that usually calms them down.

Do not ever think that you did nothing wrong a lawyer can twist things in a way that makes you look guilty of something.

When I have a problem job I have sent letters stating that the client is satisfied if they do not respond within 7 days in writing or have a witness present when they say it is done.

Now would be a good time to talk to your insurance agent on what is covered and what is not.

I carry a loggers broad form policy and it does cover more than most liability insurances does. If the man sues you he must prove the damage or harm you have done. Turning it over to your insurance when suit is filed is the right thing to do.

 

[sourland]

The guy is doing this because he is an abusive, bully, jerk. Tomorrow I would visit the local police station and go on record that this guy is harassing you. The next time he approaches you contact the police immediately. In reality what he needs is a serious butt kicking, but I do not suggest that you do that. You sound like a classy young man and I wish you the best in this.

 

[chickened]

I think you'll find that liability insurance doesn't cover liabilities voluntarily assumed under contract, such as failure to perform. That's a business issue only. If you're not sure, think it through and see if you can figure out why insurers won't cover that.

In this particular case, there was a verbal contract which was ended by one of the parties who also waived part of his fee. There's no case to answer on any grounds.

The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for his homestead. Perez testified that Montes brought a contract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.

Would not need to pay out but the insurer would have to defend you.

 

[rebelcowboysnb]

We do not think he will take me to court because he has no proof except the quick estemate i did (which is incorrect because we added more work/money ti the deal).

I think it should be pointed out that you are talking about civil court not criminal court. In criminal court they have to prove things. In civil court they just have to have a more believable story than you.

 

[Bunnylady]

What I dont get is why he is doing this. Its not like I stole money or anything

My husband is in the same line of work, and he has been dumped on by customers on occasion. He has wondered the same thing; I've told him, it's a power play. This guy has enough money not to have to do a job that he sees as dirty and unpleasant, therefore, he thinks he's superior to you, because you have to do dirty, unpleasant work. He hired you to do the job, so you are now his employee and are expected to do whatever he feels your job description entails. While you consider yourself an independent contractor, any act of independence on your part is disrespectful to him, because he calls the shots. Weather, family issues, whatever, aren't any excuse, you are his inferior and are expected to behave in an appropriately subservient manner. Seeing you jump to cater to his wishes feeds his ego. When he jumped on your case, you were supposed to do whatever it took to placate him. Yes, he's a bully, and when you salvaged your dignity and quit, it robbed him of the pleasure of firing you, or at least watching you bending over backward to please him.

It's about respect, you see. He wants you to treat him with respect (he's got the money and the power, after all) but he doesn't respect you at all. That's where the "what's more important than working on my place" business came from.

He might take you to small-claims court, but I don't think his case would hold water. Even if he doesn't, I would watch your back, as it were. When hubby and I have become free of customers like this (either because we quit or they fired us) it isn't unusual to have them try to use whatever influence they think they have, to try to get us fired by anyone else that they know we do work for.

 

[RHRanch]

I think it should be pointed out that you are talking about civil court not criminal court. In criminal court they have to prove things. In civil court they just have to have a more believable story than you.

X2 He can file a cival suit for damages based on your verbal contract - furthermore the work you did complete, etc. will support his claims. But chances are he won't file and go to all of that trouble. If he does, bring all off your evidence and witnesses when you are summoned to court. Don't get into any more conversations with him. If he confronts you again, file a police report and bring a copy to your court date.