Legal Question in Business Law in Indiana

We agreed verbally with a contractor to have window work completed, but were not given any type of contract with terms/conditions on it. We didn't sign any type of paperwork. He stated the windows would be in, and work completed in 2 weeks. 6 weeks went by with NO communication from him, so we hired a different contract to do the work. The next week, the original contractor contacted us stating the windows were in and that he's ready to install them. We advised him that we already spent the money elsewhere, and he is now demanding we pay for the cost of these windows. My question is, are we liable for these windows?


Asked on 5/11/12, 8:12 am

2 Answers from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

A verbal contract can be binding. The question here is whether the time that elapsed while you were waiting on the original contractor was reasonable or not. You could be liable for the cost of the windows as well as the contractor's lost profits. Before things get out of hand, you might consider contacting the original contractor to see what could be worked out. Maybe he could give you a discount and keep the windows. Or maybe your new contractor could use the windows. It's time to start talking.

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Answered on 5/11/12, 2:18 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I disagree with Ken on this one. if the original contractor stated a specific time, (2 weeks). the the question of what is a reasonable time does to wit not need to be addressed. However, practically speaking, sine everything is oral, who knows that the original contractor will say in terms of two weeks. I also think it is odd that you apparently did not try to contact him once two weeks passed.

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Answered on 5/13/12, 5:34 pm


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