Work Contract Dispute Resolution
Summary
In Texas, contract modifications require mutual agreement. Verbal agreements can be binding but are harder to prove. Misrepresentation can void a contract. If a time frame isnt specified, a reasonable time is implied. Clear communication is crucial for contract modifications.Full Conversation
It's a work contract. That simply states. He is paying me in full with his truck to swap a motor in a car. He is trying to renegotiate the contract
What state are you in? This will help me provide the most accurate information regarding contract law in your location.
Texas
What specific terms is he trying to renegotiate? In Texas, both parties must agree to any changes in a contract for it to be valid.
Time frame. When originally he never put it in the contract.
What was the agreed upon time frame for the work to be completed?
In Texas, if a time frame isn't specified in a contract, a "reasonable time" is implied.
In Texas, if a time frame isn't specified in a contract, a "reasonable time" is implied.
There wasn't
In Texas, without a specified time frame, the law implies a "reasonable time". What is considered "reasonable" can vary based on the specifics of the work.
Mechanic work.
What is the average time it usually takes to complete such a mechanic work?
Well if it were being done in a shop with car lifts and power tools it would be way less time. But I'm doing it in the dirt with no car lift or power tools. Using someone else's vehicle to travel an hour there and back. Making sure I don't interfere their work schedule
What is the new time frame he is proposing?
In Texas, if no time frame is specified in a contract, a "reasonable time" is implied. This can vary based on the specifics of the work.
In Texas, if no time frame is specified in a contract, a "reasonable time" is implied. This can vary based on the specifics of the work.
Well 2 days ago he had messaged me saying or asking if I would have it done in a few days.. but I haven't been back out there since. And just now is almost demanding I have it done in * hours or he will find someone else to do it. After I have pretty much done absolutely all the work by myself
What is the status of the work currently? How much is left to be completed?
In Texas, if a time frame isn't specified in a contract, a "reasonable time" is implied. This can vary based on the specifics of the work.
In Texas, if a time frame isn't specified in a contract, a "reasonable time" is implied. This can vary based on the specifics of the work.
Like * bolts * hoses * transmission lines remove and replace driveshaft swap over a few parts he got after the contract and weren't mentioned or stated in the original contract
Did the new parts he got after the contract affect the original scope of work?
Yes because I didn't factor that into the deal. I didn't know about it. Until he was like oh hey by the way can you do this to
Did you agree to add these new parts to the contract? In Texas, any changes to a contract must be agreed upon by both parties.
To be nice and a decent person I did agree. But he should understand because of that it will take longer
Did you get a written agreement for the addition of the new parts to the contract? In Texas, verbal agreements can be legally binding but are harder to prove.
Nope
Did you discuss the extended time frame due to the addition of new parts with him?
Honestly I thought it would be common sense. You add work. That adds time. Right?
Did you communicate this assumption to him at any point? In Texas, clear communication is key in contract modifications.
Yes
What was his response when you communicated the extended time frame due to the addition of new parts?
Well you said you would have it done as soon as possible
Did you provide a specific date or time frame when you said "as soon as possible"?
No. Never stated exactly how long
What was the original agreement regarding payment for the work?
His * Ford ranger
Was or is supposed to be my payment for doing the work
What is the current condition of the Ford Ranger?
Only thing he mentioned was that the transmission was in the cab. And that I would need a battery... But since going to look at the truck in person after the contract was signed. He mentioned it had no exhaust or transmission bolts to even put it back together. He simply said all it needs is the transmission put back in. And it will run and drive
Did the contract specify the condition of the Ford Ranger? In Texas, misrepresentation can be grounds for contract termination.
Only about the transmission needing to be put back in
Did you have a chance to inspect the Ford Ranger before agreeing to the contract?
In the dark and not able to pop the hood because the latch was broken. Which he didn't mention
Did you agree to the contract after inspecting the Ford Ranger in the dark and not being able to pop the hood?
Yes I did I took his word as a man to be honest that all I had to do was simply put the transmission back in
Did you have a written contract for this agreement or was it verbal?
Word for word the contract states " I ....... Am using my * Ford ranger as payment in full for the motor to be swapped in his * mustang"
Did you both sign this written contract and do you have a copy of it?
Yes
What is the current status of the Ford Ranger? Is it in a condition that you can use it as agreed in the contract?
He says it's supposed to run and drive once I install the transmission
Did you have any agreement about the condition of the Ford Ranger after you install the transmission?
He mentioned after the contract was signed that he didn't have or know where the bolts were
Did he agree to provide the bolts or was it your responsibility to find them as per the contract?
As per contract he says it was all there just had to be put back together
Did you agree to find the bolts and put the transmission back together, even though it wasn't specified in the contract?
Well I kinda have to now that I did all the work on his car.
Did you agree to this additional work in writing or was it a verbal agreement?
Verbal. But had I known upon the original contract and conversation. I wouldn't have agreed
What was the exact wording of the verbal agreement regarding the additional work? In Texas, verbal agreements can be legally binding but are harder to prove.
He said oh yeah I don't know where the bolts are for the transmission
Did you agree to find the bolts for the transmission after he mentioned he didn't know where they were?
I said I will look around and in the truck and see if I can find them
Did you manage to find the bolts for the transmission in the truck or around it?
No
What actions are you considering to resolve this issue?
I'm going to have to buy them I guess
What is the cost of the bolts you need to buy?
Very depending on where I buy them. But can't get a honest answer what kind,size or how many.
Have you discussed with him about the additional cost for the bolts that were not originally part of the contract?
Yes I did and he said all that was irrelevant to him. That I would have to figure it out because he didn't know where he put them
Did you discuss the possibility of him covering the cost of the bolts since they were not included in the original contract?
He said it wasn't his issue about how much money I spent making the whole job happen. It wasn't mentioned originally from him anything about the bolts
Did you get his refusal to cover the cost of the bolts in writing? In Texas, written evidence can strengthen your case if you decide to take legal action.
I didn't. Because it wasn't mentioned until after I signed the contract and was more than half way done with his car
What is the estimated cost of the bolts you need to buy?
In Texas, if a contract is silent on a point, a court may imply a term to fill the gap based on what is reasonable.
In Texas, if a contract is silent on a point, a court may imply a term to fill the gap based on what is reasonable.
$*-$*
After the $* I've spent out of pocket for gas to and from
Did you discuss with him about the additional costs you've incurred for gas?
Yes. He said it wasn't his problem
What was the exact wording of the contract regarding the condition of the Ford Ranger?
Just needs the transmission put back in. And it runs and drives
Did you discuss the condition of the Ford Ranger and the missing bolts with him before signing the contract?
I didn't know about it until after signing or I wouldn't have agreed or started the work
He said everything was there. Just needs to be put back together
When we had the conversation before we signed the contract
What was the exact wording of the conversation regarding the condition of the Ford Ranger before you signed the contract?
Just needs to be put back together and it runs and drives
What actions are you considering to resolve this issue?
I would simply like to get my payment being the truck. Because I did the work. But now he is trying to renegotiate the contract. And I don't see why. If he had mentioned it to begin with it wouldn't be an issue and I would have negotiated it into the contract
What was the exact wording of the renegotiation he is proposing now?
In Texas, contract law states that:
- Both parties must agree to any changes in a contract for it to be valid.
- Verbal agreements can be legally binding but are harder to prove.
- Misrepresentation can be grounds for contract termination.
In Texas, contract law states that:
- Both parties must agree to any changes in a contract for it to be valid.
- Verbal agreements can be legally binding but are harder to prove.
- Misrepresentation can be grounds for contract termination.
Demanding I have it finished in * hours or someone else would do the work and I would not be getting the ranger
What was your response to his demand of finishing the work in * hours?
I contacted you
What is your desired outcome from this situation?
To receive the ranger
What actions have you taken so far to resolve this issue?
I have told him that I have done almost all of my part being swap a motor in the mustang. It's basically done other than a few bolts and hoses
What was his response when you told him about the progress of the work?
That I have to have it done in * hours or someone else would be doing it
What was the exact wording of your agreement regarding the completion time of the work?
That I have done all the work and have only a few things left to do to be finished. But I am using my girlfriends car to travel an hour there and an hour back. But have to do so around her work schedule
What was his response when you explained the situation about using your girlfriend's car and the travel time?
That he understood that but he still doesn't care and says regardless I have to have it done in * hours or someone else would do it
What was the exact wording of the contract regarding the completion time of the work?
There wasn't
What was the exact wording of the contract regarding the completion time of the work?
Said also that the next time I am able to make it out there that I should be able to finish it. But I don't have the gas money to get out there today and my girlfriend has her car
What was his response when you told him about your current situation of not having the gas money to get there today?
That it wasn't his problem
What and how much money I spent or have to come up with was up to me. Which I agree. But I can't pull it out of my butt. Also can't make my girlfriend give me her car when she needs it to be at work
What actions are you considering to resolve this issue?
I guess I will have to walk * hours there without stopping
What is the distance between your location and the place where the work needs to be completed?
In a car * miles
What is the exact wording of the contract regarding the location where the work needs to be completed?