I am in the midst of trying to regain losses suffered to myself in my family. We hired a family member to construct a bathroom in our basement. The family member was a carpenter, who also (claimed) to know plumbing and electrical. After careful consideration on both parts a verbal contract was established that he would, for a sum of 700 labor, construct the bathroom start to finish. He was asked several times of his knowledge on the job and assured us he knew what he was doing. Since he was family we did not set up any contract, nor keep record of payments or anything. He was however paid 300.00 up front at the start of the job, then 300.00 two weeks later when he refused to work if he didnt get anymore money. With the job half completed we decided to an opinion of another friend on how he was doing. We then found out that nothing was up to city codes, and was also not going to work period. Several things he did would need to be torn out and replaced, which meant money spent would have to be re-spent on materials again. We then decided to fire him, and hire someone else. We had a professional plumbing service come in for a sum of 1,125.00 labor/materials, to finish the job.
I have since asked my brother-in-law for 400.00 of the money back, and have told him, if not i will go to civil court for the full 600.00 back. This was a serious loss resulting in tons of wasted money. I was told that a verbal contract such as this will hold up in court on the basis of a statement from us and from the plumber who fixed it. As well as my brother-in-laws father and my family and friends who helped through this whole construction process.
Will this hold up in court?