What to do if we hired a tree contractor to top 3 trees at our rental property but it’s been a year and he only finished 1 tree?

We singed no contract . What can we do?

Asked on October 19, 2015 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you paid him for work which he has not done, you could sue him for breach of contract in this case, breach of the oral or verbal agreement, as well as for unjust enrichment being enriched by pocketing your money without doing the work and possibly fraud lying about what he could or would do to get the money back.
If you haven't paid him for the un-done work, then simplest is to hire a new contractor and treat any obligation to give all the work to this person as terminated by his own breach.


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