Verbal Agreement with Major Misunderstanding
I recently requested an estimate from a landscaper for exterior work at my home. The contractor left the estimate thinking I wanted him to do the work, but I recall telling him I would call him to confirm. He went ahead and did the work, plus additionally cut down a privacy hedge that was out of the scope of anything we discussed. I initially wrote him a check after arguing with him, enough to cover the original scope of work but with a big discount. After further thought about the lost privacy hedge, I stopped payment on the check. What can happen from both sides at this point?
Asked on 8/17/07, 2:04 pm
1 Answer from Attorneys
Scott Riddle
Law Office of Scott B. Riddle, LLC
Re: Verbal Agreement with Major Misunderstanding
What he can possibly do is sue you for the bad check, double the amount as a civil penalty, and possibly pursue a criminal charge under certain circumstances. An outsider looking at the facts (such as a Judge) may very well conclude that even if there was a dispute or misunderstanding, it ended with you agreeing to an amount and writing a check. That appears to be exactly what happened, and you are backing out of the agreement you made. The time to resolve all issues was before you wrote the check.
Answered on 8/17/07, 3:31 pm
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