can a company take you to court w/o a signed contract?
My home flooded and the water remediation co. Came got all water out and they also took off all carpet and some walls that were hanging because the water damaged the ceiling. I knew they were gonna get the water out but they never told me that they were gonna take carpet out and cut some of ceiling walls and install 3 dehumifiers and 18 fans. I never signed a contract. I already had another company that was gonna do the rest of the wrk. So 3 months later I got an invoice for 3,500.00 dolls. Can they make me liable if I didn't sign a contract and I didn't authorize the rest of the wrk. I only authorized the water removal. Can they take me to court? That's another headache uuuuuuuugh!!!! So so frustrated
More Questions From This User See All
Answers & Comments
Look at it this way: if you take them to court (which you can do), they are going to bring others in the business to testify, as expert witnesses, that water remediation involves pulling up carpets, using fans, etc. It would be usually for them to empty out the water, but still leave you with soaking carpets.
No contract makes this hard, and it's going to be difficult for either of you to prove verbal contract. So, with these expert witnesses, they will likely prevail.
You'll prevail if you can show that they definitely were told NOT to do these other activities. Without a work order, that'll be hard. Witnesses, maybe. But that's shaky.
NB: "Don't pull up the carpets" is not the same as "get the water out" since the later REQUIRES pulling up carpets, fans, whatnot.
It's possible they can collect without a signed contract. All they have to do is say you authorized it or the state you live in may require, by law or rule, the dehumidifiers and fans to be used for water remediation.
Yes, they can. They either can present some other evidence of an agreement, or possibly claim unjust enrichment. The fact that they worked for an extended period of time (days?) without you saying anything frankly doesn't look good.
Yes, they can take you to court. You didn't stop them form performing the work so they performed the work and can reasonably expect to be paid.