# Can i get sued if there wasnt a contract?



## summithomeinc (Jan 3, 2011)

KAP said:


> You cashed the check, right?... :whistling
> 
> 
> You are starting your reputation one way or another here... do you want to be known as someone who backs up their work or not...


Exactly. It really sucks to have to fix your mistakes. It sucks worse to have to stand in front of your customer and say "I screwed up". I have to go fix one of my own mistakes this week. Similar to the OP, I made no money on the original job. Now it is going to cost about 600.00 plus 2 guys labor for a day. The good referals I have gotten and will continue to get are worth much more than the cost to fix what I should have done right to start with.


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## Warren (Feb 19, 2005)

Too bad he didn't fill out his profile.
I would have hunted down the customer and started a fund to help them file the lawsuit.


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## summithomeinc (Jan 3, 2011)

RemodelGA said:


> I've learned a lot from fixing my own screw ups. My goal is to find them and fix them before the client even knows about them.
> 
> Now if the OP had filled out his profile, you might know what state you're offering to travel to :whistling


My goal is the same. Too bad I didn't know then what I know now.:laughing:
You're right. I hope it's a state.


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## J F (Dec 3, 2005)

You damn biscuit-buyers. :whistling


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## summithomeinc (Jan 3, 2011)

J F said:


> You damn biscuit-buyers. :whistling


It allways comes down to biscuits with you....


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## J F (Dec 3, 2005)

Nothing wrong with being consistent.


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## BamBamm5144 (Jul 12, 2008)

I saw screw them. 

Homeowners got what they deserved when the decided to hire this guy instead of someone who knew what they were doing all because the guy who knew what he was doing actually bid the job to MAKE MONEY.


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## summithomeinc (Jan 3, 2011)

I don't suppose you want to help out fixing a deck....I'll buy you some biscuits...:laughing: Can't afford cash.


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## J F (Dec 3, 2005)

summithomeinc said:


> I don't suppose you want to help out fixing a deck....I'll buy you some biscuits...:laughing: Can't afford cash.



ONLY...if I'm able to post about it six months from now.


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## summithomeinc (Jan 3, 2011)

J F said:


> ONLY...if I'm able to post about it six months from now.


Nevermind...


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## ohiohomedoctor (Dec 26, 2010)

For future information if you install laminate flooring over rotted subfloor and someone steps on it and pushes the board through the rotted subflooring which you should always replace, the board WILL pop out of the lock and you WILL get a call back.


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## NINZAN STUDIO (Jan 10, 2012)

ohiohomedoctor said:


> For future information if you install laminate flooring over rotted subfloor and someone steps on it and pushes the board through the rotted subflooring which you should always replace, the board WILL pop out of the lock and you WILL get a call back.


Do it right the first time.


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## Inner10 (Mar 12, 2009)

I never get tired of making fake accounts and posting crap like this. :whistling


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## J F (Dec 3, 2005)

Yeah, I saw your other one about the ipad 7. Chainkyanker.


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## woodchuck2 (Feb 27, 2008)

Go back and fix it properly, should have been done right the 1st time or you would not have a call back. If they were being cheap and expected you to underbid then you should have walked away. This is a perfect example of "never lost a dime to a job i never took". That phrase is in someones sig on here and it is the truth. I have been in your shoes, learned from it and now pass those jobs on to someone else "usually a hack with no morals". The jobs that i did underbid myself on but i finished properly has gotten me more work from those customers. I always let them know that i did underbid myself and i cannot do any extra's or changes for free because if it, sometimes i will do a small change or an extra for nothing to keep a customer happy but when this happens i often find they will still want the change or extra done and are more than happy to pay which helps ease the pain of the underbid.


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## jamestrd (Oct 26, 2008)

In some states, not having a contract will get you in even more trouble...here in NJ that would be triple damage under consumer fraud...as long as amount over 500.00

they are probably bluffing in reality, but the consequences can be real if they are not..

assuming you are a legitimate contractor in your state..


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## Walter Secore (Jun 2, 2012)

It sounds like painting work is slow and you thought you would make a quick buck and do some floors and fck it up and now your trying to get out of fixing it. Be a man and go fix it.


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## popagorgio (Aug 8, 2012)

I know a couple brothers who got ten years for lying about being
licensed and defrauding customers :laughing::laughing:


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## rselectric1 (Sep 20, 2009)

There IS a contract if "services" were provided and this "contractor" was paid for them. 

To the OP with one post here: Is this not what you wanted to hear?

Return the money in full.


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## Spike7 (May 18, 2012)

its easy to be nice and fuzzy when alls fine 
the real person arises when the sh*t hits the fan and problems arise.
thats when you show what your really made of.

just today , a new guy i hired cut a peice of plywood on the roof , and cut right through the plywood decking , and ruin 2 sheets at once

he started to make excuses , and blame me and the saw!
i told him " come on man! its a piece of plywood , its not alot of money . but own it . you f**ked it up."
he couldn`t do it.


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## BrandConst (May 9, 2011)

tomangle said:


> here is what happened. I was installing some laminite floors to a very cheap customer. they seemed like good people so i gave them a good price but their subfloors were not perfect. any ways after installing the floors they liked it and payed me and now 2 weeks later they are saying there is a spot where if you step on it the peeice pops out or something. I dont know ho to fix that without re-doing the floors. I barely made anything to begin with because i underpriced and now they are saying if i dont fix it im getting sued.i never even signed a contract. can i walk away from this one? its about a hour drive and i really dont like working in a hostile enviroment and i already worked 4 days and installed floors for 3 rooms and trim and only made out with $200-250 profit after labor and gas



Howdy Mr. Homeowner.... How ya doing??


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## jamestrd (Oct 26, 2008)

Tomangle,


From what you have written, I dont think a board is "popping out"...it may be the floor has to much movement/and or bounce...

this would be due the subfloor..

without written agreement establishing the foor will not be leveled,the problem now is he said /she said which no court wants to deal with and is why they want a written contract that details scope /price and any exclusions..

the problem with an exclusion is any contract would require you perform in a workmanlike manner..translation means professional.

a professional would follow guideline and manufacturer recommendations.

An exclusion will never really save you when something goes wrong and you performed a task against recommendation/guideline.

the HO will say they didnt know or understand, and that you assured them it would be ok..and you insert any other excuse here..

now a judge has to say..the owner wanted a cheap job,but the pro went against what was correct..

who is going to side with? not the guy without written and signed contract..that you can count on.

you will not be able to fix the subfloor without removing the floor or much of it..but you can replace a plank if it is in fact"popping out"

there are always times whens someone wants to walk..i had one recently..but after i regrouped and took the situation into my own hands, i figured it out and the job actually went very well..

put the emotion down..put the i gave a cheap price in your back pocket and figure it out...send me a private message and I will tell you how to repair the floor..

if the people sly rapped you, if it makes you feel better..you can let them now after to make it right..but you wont need to ...


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## MarkNoV (Apr 29, 2006)

They can but you can be pretty sure they will not. Cheap people do not become big spenders all of a sudden. Do you think they are going to lay out thousands in legal fees? 

They are taking advantage of your lack of business skills and are just trying to bully you.

Lick your wounds and f**k them. Don't worry about their word of mouth, they only know more cheap people.

Mark


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## J L (Nov 16, 2009)

MarkNoV said:


> They can but you can be pretty sure they will not. Cheap people do not become big spenders all of a sudden. Do you think they are going to lay out thousands in legal fees?
> 
> They are taking advantage of your lack of business skills and are just trying to bully you.
> 
> ...





J F said:


> It's thread titles/*post*s like these, that just reinforce the stereotypical viewpoints that a lot of consumers have about contractors.
> 
> Just damn.


:no:


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## moorewarner (May 29, 2009)

We'll never see this OP again.


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## Mrmac204 (Dec 27, 2006)

I get asked a few times a year to install a floor, or curved hand rails. Nope. haven't done it, and I don't know how (not interested either) 

I've got some business cards of guys who do this type of thing that I hand to clients who ask.

Not going to risk my rep doing crap work, or creating a disaster for someone else to fix.

I suspect that the OP doesn't know how to fix this floor, or else he'd have done it. There are no short cuts!


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## popagorgio (Aug 8, 2012)

moorewarner said:


> We'll never see this OP again.


probably not...
If this is in California He is toast legally.


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## JB818 (Feb 11, 2011)

Even though you don't have a written contract, he cant argue that you didn't have contract. You did some work so you had verbal contract.
This problem is very small go take care of it. Most times mistakes cost thousands of dollars.


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## Randy Bush (Mar 7, 2011)

Spike7 said:


> its easy to be nice and fuzzy when alls fine
> the real person arises when the sh*t hits the fan and problems arise.
> thats when you show what your really made of.
> 
> ...


Seems to be the story with a lot of people anymore , It is never their fault, some one or something else claused their problem never them.


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## skarrlette (May 14, 2008)

They didn't pay for it, the wanted a cheap price and they got what they paid for. What is he suppose to work for. Customers need to stop blaming contractors for what is a problem they created.


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## Bone Saw (Feb 13, 2006)

my only response to this garbage is both parties just paid stupid tax, and will prolly continue to do so.

What any of this has to do with BUSINESS, CONTRACTING or CUSTOMERS is beyond me.


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## skyhook (Mar 17, 2007)

tomangle said:


> here is what happened. I was installing some laminite floors to a very cheap customer. they seemed like good people so i gave them a good price but their subfloors were not perfect. any ways after installing the floors they liked it and payed me and now 2 weeks later they are saying there is a spot where if you step on it the peeice pops out or something. I dont know ho to fix that without re-doing the floors. I barely made anything to begin with because i underpriced and now they are saying if i dont fix it im getting sued.i never even signed a contract. can i walk away from this one? its about a hour drive and i really dont like working in a hostile enviroment and i already worked 4 days and installed floors for 3 rooms and trim and only made out with $200-250 profit after labor and gas


Going back to fix one board is not an option. Fix that one and another one will pop up.
Rip it out, lay down 3/4" plywood and do it over. 
You will probably still get sued but the Judge might have mercy because you paid out of your own pocket for someone else to have nice, warm wood floors..


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## thom (Nov 3, 2006)

Most states require a tradesman to accomplish his trade in a "workmenlike manner." Workmenlike Manner is defined by industry standards and manufacturers installation guidelines. 

How much you charged is irrelevent at this point. The attitude of the customer is irrelevent. The single overriding issue is the manner in which the work was completed. 

Does the work you performed comply with industry standards and manufacturers installation guidelines?


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## CompleteW&D (May 28, 2011)

> Does the work you performed comply with industry standards and manufacturers installation guidelines?


I highly doubt it.... it was "cheap" remember?


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## masuggsdog (Oct 24, 2012)

it reall does suck but they are all correct and that guy who said i never lost a cent on a job i didnt get was right that was what happend to to my paycheck for 2010 i did get the job


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## dprimc (Mar 13, 2009)

He might not know jack about flooring, but he has some big balls to post that. 

Thanks for the laugh. :thumbsup:


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## EthanB (Sep 28, 2011)

I know Halloween is next week but that's no reason to go raising posts from the dead like this Frankenstein's monster...

PS- The HO's only got what they paid for if Mr. One Post said 'Hey, I'll do the job real cheap but I'm going to do it wrong. Okay?'.


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## Greg from K/W (Jan 28, 2010)

I only like biscuits with a glass of milk. Not chocolate white milk only.


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## CarrPainting (Jun 29, 2010)

Well hold on a second! from this post, you ALL sound like a bunch of hypocrits!!!

I get the morals side of this... but on the flip side of the same coin...

If you have no contract, and you do the work, and they dont pay you, your screwed!

If you have no contract, and you do the work, and they pay you, but now want something else fixed that wasnt in the scope to begin with...

Surely the OP is equally to blame, but realisticly, what legal leg do the HO's have to stand on? Ok they gave him a check for X. He cashed it... Who is to say that he did Y for X? For all anyone knows, he sold an item to them for X... Because there is no contract for services rendered, in a legal sense, there were no services rendered. I get that he was paid, but lets look back here, if he WASNT paid, you would all be telling him he is screwed, because there was NO contract! Therefore, because there was no contract, he has no legal standing... I would imagine, that this is a two way street.

Just saying...


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## Calidecks (Nov 19, 2011)

popagorgio said:


> probably not...
> If this is in California He is toast legally.


If this is in Cali he is guilty of not providing a contract, not giving a three right to rescind, not giving insurance info, not giving your lien rights, all of which is a board violation. 
The aforementioned is just what I could come up with off the top of my head. I know there's more. And if he's not licensed he is in even deeper do do.


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