Q: I hired a handyman to work on my shower. He took half up front (325.00). He showed up a couple of times and disappeare.
He agreed to send a refund but has not after two weeks. I hired someone to finish the job. I took pictures of the mess he made. His helpers broke additional tile on an adjacent wall. They put the stucco all over and we has to chip out the mess on additional tiles
A:
I am sorry for your experience. That must be super frustrating.
You will first need to look at the agreement you signed with the handyman. If this guy was a one-man-band, then its likely that he didn't have you sign a contract. Just because it was an "oral" agreement doesn't mean that it isn't valid though.
Your remedy is your cost to finish the job. Your claim would be that of "breach of contract". I would first try to work it out with him if possible out of court, but you will probably have to take him to small claims. Again, you need to look at the contract to see how it governs the transaction. Look for the price and work performed sections as well as the breach of contract and contract dispute sections, attorneys fees, and costs. There may even be an alternative dispute resolution section that says you have to go to mediation or arbitration prior to filing suit. I hope this helps.
Wes
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.