Handyman Contract is Needed
I’m getting ready to close in my garage for a TV room. I have chosen a well qualified contractor that appears to be reputable; however my uncle told me that even though I trust him, I still need some type of contract or an agreement. My daddy always conducted business on a hand shake and he never had a problem. What do you suggest?
Mike in Huntsville, Texas
Yes Mike, you should always have some type of written agreement; well defined with all costs, payments, scope of work, completion schedules, dates, etc. In Texas and in most states, there is a doctrine of quantum meruit (QM) and a contractor can use it both for good and bad. It was developed by the Court of Chancery in England to grant relief that was due under the principles of fairness, and this is good.
The problem comes when a dishonest contractor makes claims that are not true and demands payment. It infers a promise to pay a reasonable amount for labor and materials furnished even in the absence of a specific legal document between parties. Recovery under QM a contractor (claimant) must prove the following:
Valuable services were rendered or materials furnished.
He sought charges.
Services and materials were accepted by the person sought to be charged, used and enjoyed by him.
Issued an invoice with a request for payment and the expectation that it be paid.
Now this all seems fair to both parties until one of the parties see things a little differently and of course to their own advantage. With no written agreement, it becomes a shouting match.
Do you think you are a match for a savvy contractor that knows all of the tricks and how to stack the deck in his favor from the start of the job? Why take a chance, get everything in writing and you both will sleep well at night. Think about it, if a contractor is on the up and up, he will be cooperative; if he puts on the “insulted act”, you don’t want him.
Category: Home Improvement, New Construction
