I reached out to a contractor that had high reviews on my fb moms page. I wanted him to do the siding on my house. He then stated that he would work alongside the subcontractor he uses for his siding jobs. Although I didn’t feel comfortable with that, he reassured me that he would be overseeing the entire project. He was very busy and couldn’t do it himself. They both cane to my house and we signed the contract under the subcontractors name. Long street short, he didn’t oversee the job at all and the contractor cut many corners and did not do the work that was on the contract. When we called him out on it, he blamed it on the original contractor and reduced our final bill by $5,000 and agreed to complete the project correctly. We still have to find someone to fix his mistakes and also he hasn’t showed up to finish what he said he would. I would like to know if I can take the original contractor who verbally and in texts told me not to worry that he would be overseeing the subcontractors work even if I didn’t sign the contract with him. I believe they are both equally responsible and I know they both split the money I paid.
As I was corrected by a surly partner several years ago, a spoken, as opposed to a written, promise is an "oral" not "verbal" promise. Who knew?
As an initial matter, it would appear that there is a lack of "consideration" from you to the original contractor to support his promise to oversee the subcontractor. But, "promissory estoppel" may come to the rescue because you were induced to contract with the subcontractor on the basis of the original contractor's promise to oversee. Your reliance on that empty promise has harmed you.
Your best bet is to speak to a construction lawyer in your area to determine how to proceed.
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It really depends on the nature and extent of the communication. Can his texts bind him? It depends on what he said. You may have more of a claim against the actual contractor that did the work. An attorney would need to review the contract documents to determine if there are any consumer fraud violations and other claims that you can assert, aside from breach of contract and negligence.
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