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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Electric Man, Inc. v. Charos, 179 Vt. 351 (2006)

Citation
Electric Man, Inc. v. Charos, 179 Vt. 351 (2006)
Parent Document
Electric Man, Inc. v. Charos, 179 Vt. 351 (2006)
Jurisdiction
Vermont (state)
Effective Date
2006-02-10

Full Text

1,563 chars
¶ 2. In the spring of 2001, contractor entered into an oral contract with owners to expand owners’ vacation home in Jamaica, Vermont. Contractor was to construct a one-story addition with two bedrooms, a bathroom, and a loft over an existing garage. The parties did not enter into a single, written contract regarding the construction, but instead made plans through a series of conversations and e-mail correspondence. Contractor began work on the project in early summer 2001. As work progressed, owners made periodic payments by check or cash, and contractor used the funds to buy supplies and pay employees. In September 2001, contractor requested additional funds from owners in order to complete the construction. At one point he left owners a ledger sheet marking expenses and payments received, and indicating that his unreimbursed out-of-pocket expenses were $2,600. Owners responded by leaving a message demanding that contractor stay away from the property or risk being arrested for trespass. As a result, contractor was unable to retrieve ladders and building materials he had left on the premises before the falling-out. On January 2, 2002, contractor’s lawyer sent owners a letter detailing the amount contractor claimed was owed to him. The letter claimed a total of $7,231: (1) $3,218 for unreimbursed materials; (2) $3,040 for unreimbursed labor; and (3) $973 for three ladders owned by contractor but kept by owners. Owners paid no additional funds to contractor and eventually hired a new contractor to complete the project with modifications.