Expert: Morgan Smith - 8/20/2011

Question
I am in Georgia and work as a mechanic.  I was paid 400 dollars to perform certain electrical duties to a vehicle(non-employee and no contract agreement).  I performed the job, and left the place of business, four weeks after the fact, the owner of the business(not the owner of the vehicle) contacts me saying the electrical job was never completed and does not work.  I in fact know that it did work when I left and that another mechanic has been messing with the area of work.  Now I am looking at a law suit.  What i am trying to find out is..1.) what are my protective rights?  2) Am I liable after another mechanic has been messing with the area in which i installed?

Answer
Dear Russell,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about used implied or verbal contract liability, evidence, spoliation and general litigation in a modest valued case.

First, I suggest you avoid the mistake of thinking there was "no contract agreement"; the facts you shared include you were paid money to provide a service, that's a contract whether its written down or not.

The terms of your contract may be difficult to prove in court, and that's why people learn to prefer to write out their contracts.  Proving the terms can be done by your testimony, testimony of other witnesses, and other evidence, perhaps things like parts or materials that you used on the job.  A recommendation you might find helpful is to look at the date(s) that you worked that job and compare your telephone log, credit card transactions, or any other calendar or device that you use to keep track of things.  You may find evidence of calls or purchases that support your position.

Another idea to be aware of is "spoliation"; I know that's a weird spelling and an old word, but it basically is a defense in circumstances where another party has destroyed or spoiled evidence.  If somebody else destroyed the evidence of your work after you completed the job but without providing you an opportunity to inspect the condition of your work, you may get some traction from this theory.

Finally, whenever you are "looking at a law suit", I recommend that you bring your information to an attorney licensed to practice in your state right away.  You may do well to search for an attorney who handles commercial litigation, contracts and is willing to help on a small case.  Walking into court without some competent advice, even for a small case, is a bad idea.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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