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.
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.
Construction Attorney at Brion Berkley, Attorney at Law
| 64 reviews
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.