Legal Definitions - work and labor

The legal term work and labor refers to a claim made in court by an individual or entity seeking payment for services they have performed and materials they have supplied. This type of claim is typically used when there isn't a formal, explicit contract detailing the payment terms, but an agreement for compensation can be implied from the circumstances, or when a contract exists but has been breached, and the party still deserves payment for the value of the work already completed.

• Example 1: Implied Agreement for Home Repairs

  A homeowner discovers a significant leak in their roof and asks a local handyman, known for quality work, to fix it immediately. No written contract is signed, nor is a specific price agreed upon beforehand. The handyman purchases the necessary shingles and sealants, spends two days repairing the roof, and then presents an invoice for his time and materials. If the homeowner refuses to pay, the handyman could make a claim for work and labor, arguing that an implied agreement existed for him to be compensated for the value of his services and the materials used.

• Example 2: Partial Performance Before Contract Termination

  A small business hires a graphic designer to create a new logo and branding package. They sign a contract outlining the scope of work and payment schedule. After the designer completes the initial concept designs and several rounds of revisions, but before the final deliverables are approved, the business suddenly decides to terminate the contract without cause. The graphic designer can pursue a claim for work and labor to recover compensation for the significant amount of design work already performed and the value created, even though the full contract was not completed.

• Example 3: Emergency Services Without Prior Agreement

  During a severe storm, a large tree falls onto a neighbor's garage, causing significant damage. The neighbor is out of town, but a tree removal service, seeing the immediate danger and potential for further damage, quickly responds and removes the tree, securing the area. Upon the neighbor's return, they are presented with a bill for the emergency service. If the neighbor disputes the bill, the tree removal service could make a claim for work and labor, arguing that they provided necessary services and materials (like specialized equipment) to prevent further harm, and should be compensated for the reasonable value of that effort.