Construction project valued at 150K. Not in writing. Subcontractor did 50K worth of extra work which did not benefit the project property, without consent and without any change orders.
2 replies
Apr 27, 2022
It is unlikely that the Statute of Frauds will assist you. In most circumstances, a contractor is able to claim the reasonable value of services provided in the absence of a written contract. I suggest you consult with an attorney to assist you.
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Apr 27, 2022
Contract between a Prime Contractor and a Subcontractor does NOT have to be in writing. However, the subcontractor has NO lien rights if he did not serve the 20-Day Preliminary Notice. The subcontractors remedy would be pursuing the Prime Contractor for breach of contract. The burden is on the subcontractor to prove there was a modification to the original contract allowing for the extra $50K invoiced.