Asked in Business Law for California

Q: If a tradesperson is working in your home and is not doing a job well and you ask them to fix it and they refuse unless

you pay them more money and you refuse to do so, and they then decide to just walk off the job and say " take this free and I am leaving now" and leave without any discussion, do you legally have to pay them for any work they did? There was no contract on either side.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There is a concept known as quantum meruit that says that you have to pay the fair market value of valuable service provided to you, even if there is no contract. It is possible that the tradesperson could make such a claim if he can prove you ended up with something of value based on his efforts. If his refusal to complete the job, or his shoddy work has caused you damages, you might have a cross-claim against that person in any action for money.

Good luck to you.

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