Is a verbal cost quote from a contractor vs. a written cost quote binding by law?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a verbal cost quote from a contractor vs. a written cost quote binding by law?
I hired a design firm to make drapes, bed headboard, etc. The owner of the company gave me a verbal total cost quote at the beginning of the job. We both agreed on the total cost of the project (verbally). I paid a deposit and work began. I expected a written contract to be sent to me based on our verbal total cost agreement, however, the owner never sent a written contract despite 12 requests. The job is completed now and a bill was issued that is a lot more than we verbally agreed to. Owner says it’s because she made mistake in original quote. Legally, do I have to pay the extra cost?
Asked on September 17, 2011 under Business Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Contract law recognizes verbal contracts as well as written contracts. Written contracts are really just easier to prove and that may be where the down fall is here. What is going to happen is that she is not going to turn over the products made and then she is going to sue you for the money owned. At that point you can countersue for the products and services and to enforce the terms of the contract as you see fit. Do you have ANYTHING other than your word to show that there was an agreed upon price? A receipt for the deposit that says what the balance will be? Or what percentage of deposit you put down (sometimes if the estimate states that a 50% deposit is required you have some numbers present for the court to work with). Her credibility and your credibility will be at issue here. And maybe you should see if there have been complaints about her doing this before. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.