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Posted by on November 14, 2006, 8:53 pm
Chris Birkett wrote:
> Steve B wrote:
> > Asking here makes about as much sense as asking us "Do you think it will
> > rain tomorrow?"
> >
> > It all depends on where you live.
> >
> > USUALLY, though, contracts go something like this. One party offers to do
> > work for a set amount of money. In the proposal, a good contractor says
> > what work they will do and how much they will charge.
> >
> > If the work varies, the contractor MUST consult with the owner and discuss
> > what changes from the original plan are to be made. They then agree on a
> > CHANGE ORDER and they then do the same thing again. Describe the work and
> > set a price. Then they both sign it.
> >
> > Arbitrarily changing prices doesn't fly in most places, whether it's chimney
> > work or car repairs. At least most jurisdictions have enacted laws that
> > prevent an owner from being held hostage by repairpeople.
> >
> > Check with the contractor who did the work.
> >
> > HE IS A CONTRACTOR, RIGHT?
> >
> > If not, you may have recourse in your jurisdiction. In some jurisdictions,
> > you may just have to eat it. In mine, contracting is a felony. AND the law
> > defines contracting also to include merely offering to do the work, even
> > though no work was ever started or completed.
> >
> > Check where you live, and not on the Internet.
> >
> > BTW, do you think I will get rain tomorrow?
> >
> > Silly question, isn't it?
> >
> > Steve
>
> I realize it's a rather general question, but even the information you
> gave me is useful. Can you explain more what you mean by "he is a
> contractor, right?" I don't know anything about him, but I will pass
> everything on to my dad.
>
> What you said about a "change order" makes sense. Like I said, he did
> find there was much more extensive damage than we previously thought,
> and he and my dad agreed on a new price (which was substantially
> higher). He did the work while my dad was in the States, and now he is
> claiming he had to do more than he expected and decided to go ahead and
> do it since my dad wasn't available to discuss it. It was not
> mentioned to anyone else in the house.
>
> Thanks for all your help :)
>
> Chris
>
> P.S. if you let me know where you are, I can probably tell you whether
> it's likely to rain tomorrow :P
The contractor should not have done work that was going to cost extra
without approval. However, what you fail to tell us was IF in fact the
extra work that he did really was above and beyond what he had already
agreed to do for a fixed price and IF it was necessary.
For example, if upon taking apart the chimney he found rot that was
part of the house the chimney joins to and repaired that for a fair
price, then I would pay him. Of course, in many cases, it could be
hard to establish exactly what he did or didn't do now that the job is
completed. I would ask him to show you what exactly extra he did. If
he doesn't have proof, like receipts for specific material attributable
only to the extra work, then he isn't in a very good position to
prevail if he tries to sue you for non-payment. You would need to
establish that there was an agreed to price and that the extra work was
never authorized. However, as I said, if you believe he really did the
work at a fair price and it was required anyway, then I would pay him,
or perhaps negotiate.
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