Legal Question in Construction Law in Indiana

paver patio gone bad

We hired a famil friend who owns his own landscape business to do a paver patio. Cost was to be $5,100 and we paid him in fullup front. He never drew up a contract or anything said his printer was out of ink. Told us we would get an itemized statement and all at the end. Did a horrible job, never finished it, so we told him he had 14 days to get it fixed or we woudl sue him. Got papers today he is suing us and gave the court a bill for $12,200 saying we owe him that. We are in shock over it. We never signed a thing or agreed to any of that. He took our money, destoryed our yard and our patio is sunk in and a mess. Now we have to counter sue and got to court. We could use some advice. We are in Indiana. We are just still trying to believe this mess. It is so very wrong.

Asked on 8/08/07, 10:13 pm

2 Answers from Attorneys

Voyle A. Glover Attorney at Law

Re: paver patio gone bad

There's probably more crooks running around in that business than any other I've seen.

You really do need to get a lawyer involved in this immediately.

The lawyer will likely tell you that the fact you did not have a written contract does not mean the parties did not have an agreement. Oral agreements are made all the time.

The thrust of your counter-claim is going to be the fact that you contracted for a set amount, and that the work was not satisfactory, and that you are having to spend $________?? to effect repairs to make the job what it should have been in the first place.

He may still be able to retain some of the money paid on a theory of quantum meriut. But, you'll likely need a lawyer.

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Answered on 8/09/07, 12:20 pm
Mark Voigtmann Baker & Daniels

Re: paver patio gone bad

There are at least two home improvement statutes that likely were violated by this individual and that would form the basis for a counterclaim against him. Whether we are the right lawyers for your purposes would depend on your location and whether we have ever represented this contractor.

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Answered on 8/09/07, 1:49 pm

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