Can I be sued for not completing a landscape job when the client keeps verbally changing the contract?

Answer 1

If the changes were a "gentlemens agreement" like with a handshake, then at times that is just as binding as a written contract. If you never agreed to the changes, or ever discussed the changes, then you should not be liable for those unauthorized changes. However, if you terminated all work and didn't complete any of the original work as outlined in the written contract, then, yes, you could be sued for that. ________________________________ Keep proper and detailed notes of your client's instructions in the unlikely case of legal action. Right now, sit down and write up all you can recall of past changes, and attempts by your client to verbally change the contract. Your client might simply be very busy, or plain lazy, or even hopes to get as much out of you as possible while saving money on the deal. You'll soon work out which it is. From now on, insist upon all instructions being given in writing and, if necessary, adjust your quote accordingly. If your client is not in an immediate position to give you written instructions, explain you'll take notes and make plans to follow the new instructions, but cannot begin to act upon them until you receive written confirmation, properly signed by your client. You could well find that when the written instructions arrive they are different from the verbal ones. Remember, a verbal contract isn't worth the paper it's written on. If new instructions result in wastage of supplies you've already bought, return them to the supplier and factor in a fair cost for your time involved, as well as any loss of money, which could include loss of deposits paid to your suppliers, plus your time and transport needed to return the goods, and so on. Be fair and polite at all times, and keep your records up to date. Don't let your client bluff and bully you with threats of litigation; simply point out you have records of all your transactions and instructions. This should put your business relationship on a more even keel. If you encounter difficulties, you could ask, in a reasonable manner, "What would you do in my place?". Don't be tempted to lose your cool and begin charging extra for no reason; provided you keep your temper and show the kind of integrity your client appears to have difficulty grasping, you'll remain in a situation you can control. Remember, most people who threaten to sue are simply trying to get their own way, and quite possibly are using such threats to deflect attention from the fact they're being unreasonable. Most people who threaten legal action are making hollow threats, and don't follow through, especially when they're dealing with calm and competent people who, in the most pleasant possible manner, make it clear they're in the right and on top of the situation. Make absolutely certain that the client signs off on the job if and when it's finished, so there's no question you've broken your contract, and if you find the situation unworkable, submit a detailed written report on why you aren't completing the job and have your client countersign it. If you have difficulty getting your client to pay for the work you've done, a solicitor's letter outlining all the facts and explaining what is required of your client usually does the trick. Good luck. You might want to consider doing no further work for this client but, as I say, they might simply be busy or lazy and hopeless at business. __________________________________