Is an independent contractor liable based on verbal agreementsregarding payment fora phone, tools and a vehicle thatwas wrecked?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is an independent contractor liable based on verbal agreementsregarding payment fora phone, tools and a vehicle thatwas wrecked?
A previous IC of mine got in 2 accidents (auto) and he was informed he would be responsible for any vehicle accidents or tickets. There was no written agreement on the matter it was all verbal. He also was supposed to pay me for the phone he used and the tools provided by me; all inclusive he owes me $4400 plus the phone. Can I bring legal action on him to get my money or is it all just gone?
Asked on November 2, 2011 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Oral (sometimes called verbal) agreements are enforceable, so if you had an oral agreement that the contractor should pay a certain amount of money and it has not been paid, you could sue for compensation. Here are the issues:
1) Proving the terms and conditions of the agreement: this can be difficult if it just comes down to your word vs. his (i.e. if he disagrees about what was said or agreed). Remember: if you sue him, the onus is on you to prove your case.
2) Agreements are usually only prospective, not retroactive--so unless the agreement was made
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.