Legal Question in Real Estate Law in Missouri

I am a homeowner in the state of Missouri. I scheduled a company to come to my home to perform an asphalt sealing on my driveway. Prior to the company coming, I cancelled the appointment due to a drainage issue that would need to be resolved prior to having the work performed. The company did not come that day to seal the driveway. Instead, they came a week later and performed the service which I had previously cancelled. Now they want payment and are threatening a lien on the house. My position is that they performaed a service that was not requested and that they should not receive payment for it. Please advise.


Asked on 10/23/09, 4:25 pm

1 Answer from Attorneys
Anthony Smith LawSmith

This is a difficult case. The law does allow you to not pay for unauthorized work. This would seem to say you do not have to pay. The problem for you is proof. The paver will sue to collect and allege that they quoted aprice, you accepted the price and they performed the work. You may be ble to defeat some of this. but, you have teh onus to prove thta you cancelled the deal. If the cancellation was a phone call, it may be tough to prove that you made the cancellation was madel, if they deny it or even that the call took place.

One thing the law tries to prevent is a widfall. Where someon gets something of value at little or no cost. The paver may allege that to allow you to have the new pavement without paying for it would give you a windfall. Hoever, the pavement without the correction of the drainage issue, would seem to lessen the value to you.

Perhaps the paver can address the drainage issue. You expected toe spend some money to addresss that. If you can get the paver to address the drainage issue, then you could pay for it and the pavement and everyone gets what they wanted.

Good luck

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Answered on 10/28/09, 4:46 pm


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