I felt stupid... Scammed by an asphalt guy...

So, I called somebody to come and give me an estimate of what it would cost to fix up my driveway, he got all into what he could do and I told him I just need to know how much it will cost to do these things... He says he'll get his folks and look at it.

Suddenly I hear equipment, he's begun work paving an area he was all excited about but I hadn't given any permission for... So I went out and he shows up suddenly, some work already done... and stupidly I let him continue.

I hadn't had an estimate, but somehow felt obligated. He was giving me a "smoking deal"...

I went out again and asked how much this is all going to cost me and suddenly they were "nearly done" and asked an exorbitant amount of money, and started threatening to sue. At that point I finally listened to what my gut was screaming at me and told him it looks like you'll have to. Then I inspected the work, it was not "done" so there is no way he was entitled to any of my money, let alone over 3 times what it should have cost.

His "agreement" that he gave me noted a specific amount of "inches" it should be... not even close. He didn't finish to the end of the driveway, it was just beyond a joke. It will likely cost me more to fix than the "work" he did was worth, it has negative worth...

GAAAAAH.

How could I fall for this idiocy? I fell so frickin' stupid. Seriously.

Without a signed agreement (contract), he doesn't have a leg to stand on.
Plus, the "asphalt" could very well be something else.
 
Without a signed agreement (contract), he doesn't have a leg to stand on.
Plus, the "asphalt" could very well be something else.

Letting the gypsy continue after he started could be taken as an implied contract, but I don't' think it has legs.

As for the "asphalt", a professional should be called to look at the work already done, to see how legitimate it is.
 
A mechanic's lien is something I was worried about. I do have an attorney that can help me if they file one, and I know the County Clerk and he can inform me if somebody files a lien on my property. I do not think they had a license to operate in Elbert County, and it is something that is required for them to be able to legally file such a lien...

The lien holder has to actually act on the issue in 6 months and I don't think this guy is going to hang around these parts that long, but it is still something I thought about.

Do you still have his number??

Call him and tell him that you want to discuss this and then have Detective talk to him, when he shows up.
 
There is no "contract", unless Damo signed something.

Contracts do not require paper. A Contract is an "offer" and an "acceptance." Unless they have changed contract laws since my college days.

The main problem with verbal agreements is proving them. In this case, the evidence of acceptance of the work was Damo not stopping them at the outset.

Next is the evidence of what the offer was; that is very grey and in a court, the Judge would defer to common costs for similar work. If the work is unacceptable, they have the opportunity to CORRECT the work for the price the Judge believes to be fair. If not, Damo is off the hook.
 
A mechanic's lien is something I was worried about. I do have an attorney that can help me if they file one, and I know the County Clerk and he can inform me if somebody files a lien on my property. I do not think they had a license to operate in Elbert County, and it is something that is required for them to be able to legally file such a lien...

The lien holder has to actually act on the issue in 6 months and I don't think this guy is going to hang around these parts that long, but it is still something I thought about.

unless you plan to sell the property within 6 months it won't effect you.......
 
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