Good Evening, We had a contractor install a new kitchen at our home. He also installed two (2) toilets & fixed a bedroom ceiling that had water damage from a roof leak. There was no written contract. I constantly asked him how much this project would cost & he always replied between $7,000.00 & $8,000.00. The work was partially completed the week before Christmas but the contractor never installed the backsplash. Also, I had to engage another contractor to move a flexible gas line, had to engage another contractor to install the appliances & when this contractor moved the home thermostat he broke it. I had to purchase a new thermostat (over $400.00) and had to engage another contractor to install the thermostat. While he was here I paid him $7,000.00 in several installments. On March 1, 2020 I received an invoice for $9,050.00. I have made two payments toward the $2,050.00 with a final balance due of $550.00 due. The contractor is now threatening to charge interest if the balance is not paid in 10 days. It is COVID-19 & I am out of work. He would have been better to offer a small discount on the balance. Is he entitled to interest without a signed contract? Thank you
Absolutely not. Contractors who perform work without a contract do so at their own risk. If you did not agree to pay the total sum of $9,050 prior to performance, you do not have to pay that amount. In certain circumstances in Pennsylvania, contractors can enforce a verbal contract, but the burden is on the contractor to show that a firm cost was proposed to and accpeted by the customer. If your contractor provided neither a proposed contract nor written estimate for the work, he will have a hard time showing that he is entitled to that sum. I would tell him to go pound sand for trying to exploit a sitaution in which he failed to issue a written contract as required by the HICPA.