Contractor Did Work Without a Contract

**greg2222** · 02-09-2009, 10:59 AM

My question involves a consumer law issue in the State of: Michigan

I had a recent leak in the summer porch of one of my rentals. I called a contractor that I dealt with in the past. I asked him to fix the problem ASAP BUT first asked him if he thought it was an insurance claim. He called the next day to verify that he believes this leak was an insurance claim.

I did not see a contract, I did say he could do the job, but come on now! I didn't mean BEFORE the Insurance Adjustor went out to verify if this was covered or not!

$1,833 dollars later he calls and says "Okay, $800 then, How does that sound?"

Is it legal for him to just start doing work in my house (rental or not) without a contract? I mean, I probably would not have had it done because the tenants left from under my nose because they could no longer use my SUMMER porch as a bedroom which caused the ice dam to leak because they heated the porch! They had no more room and moved.

I would have NEVER had the work done as I am giving the house back to the bank now that they moved. I want to know if this is legal or not? I verbally agreed he could do the work, but to NOT give me a written contract? Thank you all!

**Mr. Knowitall** · 02-09-2009, 11:20 AM

You had a contract - an oral contract. You told him that you wanted him to "fix the problem ASAP" and you said "he could do the job." He can't read your mind - if you don't say, "I want the work done ASAP, but wait until I get authorization from my insurance company," you haven't told him that you want him to wait.

**greg2222** · 02-09-2009, 11:47 AM

So it's just fine and dandy for this contractor to take it upon Himself to make repairs that I didn't agree to? Wow! Isn't that a trip!

SECOND OF ALL: He dried out the front porch that's all he did! Removed some trim, emergency call charge....Come on now! He padded the claim to get more out of the insurance company!

Third of all: HE DRIED OUT THE PORCH......AFTER TELLING ME IT WAS AN ICE DAM LEAK, AND NOW IT WILL LEAK AGAIN AND I HAVE TO PAY FOR HIM TO DRY IT OUT AGAIN?

WOW! I think that i will not pay thank you very much! I didn't agree to any dry out time. I agreed for him TO FIX THE ROOF TO STOP THE LEAK! Why would anyone dry out a porch to stop mold, knowing dam* well the roof leak is NOT fixed so it will just get wet in there again?

It's beyond me! Not mad at anyone in here, just disgusted that this was sprung on me. Okay, dry out the porch BUT maybe (stupid) have me authorize the roof repair and get THAT done firstso I don't have to pay another $800 for another dry out!

I think I got a good scre*ing here if you ask me! Would ANY contractor in here DRY OUT the water intrusion BEFORE the cause of the water intrusion was fixed? What good does that do?? Thank you all again. Sorry for being "in your face" Just as bit stressed is all.

**Mr. Knowitall** · 02-09-2009, 11:53 AM

I'm going by what you said. You said you instructed him to fix the problem ASAP.

You now seem to be complaining that he followed your instructions without first reading your mind. You also are complaining both that he did too much, and that you wanted him to do additional repairs to prevent recurrence - which is it? He did too much, or he did too little?

If the insurance company is picking up the tab anyway, what are you whining about?

**greg2222** · 02-09-2009, 12:10 PM

The insurance company didn't pick up the tab!!!!!!!!! That's the problem here. I didn't see the estimate and he took it upon himself to just do whatever he pleased on that porch that can probably be built for $1800!

I certainly wouldn't think that drying out the porch using an "octupus" trick would cost me even $800!

This is my point. That is why I am "whining" Being rude doesn't help me certainly now does it? Thank you.

I am just giving you my side of the story. I am NOT an expert BUT I do feel like I should have had some say so BEFORE he did the work! HE TOLD ME HE WAS GOING TO FIX THE ROOF ALONG WITH THE DRYING! I figured okay since the leak would stop and THEN he can dry it out. He dried it out before he fixed the problem.

I cannot believe that a homeowner has no rights even if this was a "verbal" deal. To go into my porch drill a bunch of holes stick tubes inside the wall I would kinda have liked to know about that since I cannot afford to pay him w/out an insurance claim!

**Mr. Knowitall** · 02-09-2009, 12:21 PM

I'm not really interested in arguing with you. You don't like what I have to say, fine. Getting angry about it doesn't change anything.

If you don't want your contractor to do the work ASAP, you had best not instruct your contractor to do the work ASAP. Having authorized the work, you can't reasonably claim that you thought it would be free.

**greg2222** · 02-09-2009, 04:17 PM

My point all along was to start a thread to get some advice. I appreciate what you told me BUT it still doesn't answer my question.

He "dried" out the front porch BEFORE the leak was fixed! I specifically asked him to fix the "problem" asap! That would mean that MAYBE I wanted him to FIX the PROBLEM LEAK! Not dry out my porch which will eventually have to be dried out again BECAUSE THE LEAK ISN'T FIXED!

He kinda "jumped the gun" here don't ya think? He knows that the "leak" isn't fixed, but he dries out the water intrusion already? Wouldn't you wait until the LEAK PROBLEM is fixed?

Besides, Mr. "YOUDON'T"knowitall, this is probably a Michigan question. And if I can find an answer to someone that can kinda "read between the lines" on my problem like Aaron in Michigan perhaps? That would be nice.