I previously posted about this but I am reposting as circumstances have changed. Two months ago, I hired a company to install a new roof on my home. We agreed upon the "all inclusive" amount and the service was completed. A month later, I received a call from the manager telling me that they ended up having to do more work than expected & the additional costs were around $3,000. He then said he wanted to work with me so he was only going to charge me for materials ($600). After numerous attempts at getting a copy of my contract, they finally sent it to me today. Not only have I NEVER seen this contract before today but the signature on it is not mine! They are now sending me late notices. What should I do? Do I argue this with them or hire an attorney & sue them? If I do take it to court, what are my possible outcomes? I'm debating on weather it'd be worth my time or not.
Not signing the contract doesn't mean you don't owe anything; it's still evidence of an oral and presumably enforceable contract, and it seems you agreed orally to the extra $600 charge.
In CA, construction contracts require written agreements, and "change orders" for addiional work, so it's possible that this roofer is vulnerable because of their license status and their sloppy paperwork. I don't practice in OR and don't know fi that's true in OR.
No one can tell you what this contract says, and what the parties agreed to, without reviewing this document and consulting with you. You will need to see your own OR construction lawyer for help.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
It's unclear whether hiring an attorney to actually sue them and take them to court would be worth it -- it's possible, of course, but the likelihood is that it's ultimately going to be more expensive than it's worth (at least in the short-term, if not the long-term).
All told, your best bet is likely to hire a lawyer to go through a consultation and review the documents and entire situation with you to analyze what your defenses are to their claims, whether your have claims to assert yourself, and what the viability of such claims may be. Thereafter, it may well make sense to hire the lawyer to send them a demand and/or cease and desist letter, as appropriate. Then, depending upon how they react and/or respond, it may well make sense to proceed with litigation, if necessary and appropriate.
If you found this answer helpful, please click the "Mark as good answer" button, below. If you'd like to contact me regarding potentially representing you with regards to your legal matter, please click on my profile and give my office a call. My answer to your Avvo question, however, is informational only and is not intended to be legal advice, nor does it form the basis for any attorney-client relationship whatsoever, which can only be formed upon signing an Engagement Agreement and depositing a Retainer Fee into client trust. Further, I am only licensed in Oregon and laws vary from state to state. If you have an Oregon-related issue, feel free to contact me for a consultation. If you are outside of Oregon, please consult an attorney in your area for legal advice.
If you did not agree to pay the extra amount then you have no obligations to pay it. However, the question is what the contract says about the price and whether you agreed to pay any extra amount in addition to the original estimate. As to the late notice, Oregon limits what a creditor can do to collect debts. The Oregon Fair Debt Collections Practices Act may be applicable here. You ask what you should do. There is not enough information to be able to say what to do next but you would have a number of options under Oregon law. What I would not do is pay them anything and would not initiate legal action until you get advice from an Oregon lawyer who has experience handling consumer protection cases under Oregon law.
If you have "their" money and the roof, it would be up to them to sue you or to otherwise take steps to collect the bill. That doesn't mean that you shouldn't talk with an attorney, but there's no sense in suing this contractor unless they owe you further work. You might want to write them and offer them an amount that you think is fair given the work performed and your understanding of the agreement, but if you can't get it resolved and especially if they sue you or send the matter to collections, you will want to talk with your own attorney.
Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline