A Home Improvement Contractor’s Peril
We were recently retained by a homeowner who had obtained an estimate for paving work on her driveway. In the weeks following the estimate, there were further discussions between the paver and the homeowner in which the paver sought to persuade the homeowner to allow him to perform the work since he had some open dates in his schedule. Although the homeowner had never expressly commissioned the paver to perform the work, the discussions were of a nature that the paver concluded that the homeowner had agreed to have him perform the work. The paver never created a written contract, however, containing the terms of any such agreement. While the homeowner was away from her home for an extended time, the paver performed the paving work on the driveway and invoiced the homeowner. Upon receiving the paver’s invoice, the homeowner contacted the paver and complained that she had never agreed