Expert: John Hall - 6/28/2006

Question
Mr. Hall,
I am remodeling a home and hired a drywall contractor.  The bid was for 2390.20 and stated "Labor and tolls only hand and finish 3515sf ceiling and wall level 4 finish."
We had discussed prior to the estimate in person, that the bid was to be for all walls and ceilings paint ready with orange peel texture including the existing drywall.
So after talking to them on the phone about the estimate, they said it was based on our discussion.  So on the estimate I added "paint ready all walls.  Call before you texture, start immediately, please call with your start date.  and signed it in my companies name."
Now they hung the drywall, but never textured, and wouldn't unless I agreed to pay an additional 250.00.  Then I got the invoice, and there were even more charges on there.  Some I agreed to, others I did not.  They won't negotiate the total, and only threaten to place a lien as they will not sign a release upon the payment I have proposed.  Am I just SOL?

Answer
Far from it.   You have a good argument that based on their statement to tou where they clarified that the estimate was a written record of your verbal agreement, and based upon their knowledge of the fact that you would not have let them do the work at all if they had not made those representations (which you understood to be exactly what you had talked about with them in the early discussion), I would think you ahve a good chance of having a court declare that you do not owe anything further.    The bigger quesiton is, how to contest this.  Do you bring an independent action in court asking for a declaratory judgment that you don't owe any more, or do you wait until they put a lien on your property and then attack the lien on the basis of it not being grounded on a debt that was actually owed to the creditors.

You also have other options.    No - not SOL.  Not by a long shot.

Call me if  you think I can help you further.  I won't charge you just to talk on the telephone.  661  492-2673