My question involves business law in the state of: MA. I will ask my question and then give the background.
The questions I have are: Are Oral contracts enforceable under MA law? Will any collections agency touch this or are we better off with a lien?
We had a contract to do a roof repair (remove and replace shingles) for a customer. The contract was never signed, however there was communication via e-mail before and throughout the project. Upon the removal of the shingles, it was discovered that the plywood underneath was badly damaged. While up on the roof, the owner of the company asks the homeowner if she would like to replace the plywood with new? She asks him to hold on, while she calls insurance adjuster that is already handling the shingle claim. She then informs the contractor that the insurance will not cover it. She asks him if he would be willing to tell the adjuster something that was not true so that she could then have it covered by her insurance. The contractor says "No way." She then asks how much the repairs are going to cost her. The contractor tells her that it will be $600 per side. She then checks with her husband by phone and has the contractor explain to him what is going on. During this phone call, the contractor tells the husband the additional costs as well. The husband then tells the contractor that he's not worried so much because his wife will just get back on the phone with the adjuster and try to have it covered. He then tells the contractor..."she'll find a way to not pay for this. She always does." At this point, the roof is opened up and the there's the threat of rain. The contractor gets the word to proceed. Unfortunately, the contractor does not draw up a change order to have signed due to the fact he's trying to get the roof closed up. Ahhhh, hindsight.
The initial part of the job is paid for - in cash. The homeowner even gave $200 towards the additional work. The job is completed and an invoice is sent. We do not hear anything from the customer so a reminder is sent.
The homeowner calls and claims that she has a problem with the amount of the invoice because she understood it was going to be $600 tops. We go back and forth with e-mails trying to find a resolution. The owner even goes as far as to write off the labor amount and just settle for what was purchased in materials (which amounted to roughly $800.) Not good enough for her. About a week later, she sends a check for $300 of the $1,000 owed - with Balance paid in Full on it. We did not cash it. We then attempted to contact her one last time and asked if she had any intention of paying this balance. She insists that she doesn't owe it. We are running out of time on our mechanic's lien deadline.
Sorry for the long post. Thank you in advance for your time.

