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View Full Version : Service quote contracts and if they are binding.



MrFxaxrx
01-30-2014, 03:20 PM
Good afternoon,everyone.

I am in a pickle and I need some advice. My situation is as follows:

I need my roof repaired and contacted a local roofing contractor. I stupidly signed on a contract without reading the small print. He listed all the repairs and materials needed to be done but there is no estimate. he came up with his estimate days later in an email. The total amount is roughly $9000 and my insurance company only paid $4800 plus a $500 deductible. He claims he has two "legally-binding" documents which I allegedly signed which allows him to penalize me for 20% of the total cost estimate. He recommended submitting a letter of dispute which we did two times but the insurance adjustor called me saying the amount is outrageous and this particular contractor has a reputation of overcharging. Now, since I have a copy of the contract without a cost and I want out of this contract can I take him to court so i can have this matter settled and preventing him from putting a lien on my home for 20% penalty fee? i need help

Freelancier
01-30-2014, 03:29 PM
Did you give him any money? If not and if you sent him a letter telling him you were not engaging him for the work, then there's a good chance you don't have a binding contract.

Basically, make him prove you engaged him. And when he sues you, you get to do discovery to find other people he did this to. :) My guess is that he's bluffing.

MrFxaxrx
01-30-2014, 03:33 PM
so even if there isn't an estimate on this document stated at the top, "Contract" and I have signed off on it. this discovery you speak of, what exactly is it and how do I get to do this?

MrFxaxrx
01-30-2014, 03:35 PM
so even if there isn't an estimate on this document stated at the top, "Contract" and I have signed off on it. this discovery you speak of, what exactly is it and how do I get to do this?
I haven't paid him any money.

Freelancier
01-30-2014, 03:35 PM
Doesn't matter that it says "Contract". or even "CONTRACT". What matters is whether he will pursue the terms in front of a judge and my guess is that he won't take that risk.

Discovery happens in a lawsuit to allow you to obtain information from the other party to support your claims in the suit. Best to let a lawyer worry about that if the time ever comes. But I'm guessing it won't happen, because the terms appear to be pretty egregious.