mymothersdaughter

dispute work done

9 posts in this topic

A person completed some work at my mother's property last year.

there was no contract written prior to the work being performed nor an agreed upon amount.

the work that was suppose to be completed was removal of food left from a previous tenant, repaint, pull up carpet and fix soft spots on subfloor.

This person is asking to be compensated for the work, however he just now presented a bill on (4/17/17) because we requested on  and the work that he said he completed is not done. For example we do agree that the food was thrown out, the carpet was pulled, and one coat of paint was applied in the living/dining room area only, not the entire house. We've asked him to present receipts outlying materials and labor and he has not. Just a poorly written invoice.

I want to dispute the bill however my mother is 82 years old and suffers with aphasia, so she signed the "invoice" not understanding.


Is there anything I can do?

 

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If I understand your post, a person performed some work for your mother.  Your mother signed an "invoice" agreeing on the price of the work.  You disagree with the price your mother has agreed to pay.  If that is the situation, then you have no legal standing to do anything unless you intend to have your mother declared incompetent.

 

Aphasia means a person is unable to express themselves by speech, usually as a result of stroke.  It does not imply that a person in unable to understand and agree to a contract (or invoice).

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what if the invoice has the wrong address for the work performed and if we have proof that he work he claimed he did wasn't performed? i took a video of what isn't complete. we agree that some work was done but all work was completed 

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If there was no written agreement it becomes he said, she said. Depending upon the dollar amount involved, it would likely have to be settled by small claims court. Your mother could file a claim and argue that work agreed upon was not performed and seek a refund for the incomplete items. Likewise, he could counter or sue himself claiming he did all the work they had agreed upon and she has not paid all she had agreed. It is a toss up as to who the judge will find more credible. Going forward your mother should stick to licensed contractors who use actual contracts. A POA wouldn't change this as she is still the one who made the agreement.

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