Do I have a case for breach of contract?

I hired a cleaning company and had a verbal contract over the phone with the owner. When her employees came to clean my house, they did not fulfill part of that contract. I requested they fulfill it when they were there, and they basically skirted the topic, and, I feel, misled me, as I was being direct and they were not. I called and complained to the owner, who then claimed I did not state certain services in our verbal contract even though I did. I am afraid this will be too hard to prosecute as I had no reason to think I should have been recording our phone conversation, yet they probably have record-keeping, which they probably did not write down the extra services I requested and they quoted me.

Asked on September 11, 2012 under Business Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it will be difficult to prove and prevail in your breach of contract lawsuit because the agreement was oral which means the case will be your word against the word of the cleaning company.

If there had been a written contract, you would have a stronger case for breach of contract because the written contract would clearly show what the cleaning company was obligated to do and its breach of the agreement.

Since your agreement with the cleaning company was oral, it is probably not worth filing a lawsuit because of the difficulty in proving breach of contract. 


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