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Posted by Chris Birkett on November 14, 2006, 10:05 pm
trader4@optonline.net wrote:
> 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.
Thanks, that's good advice. As far as I know, he hasn't provided any
explanation for the "extra" stuff he had to do. The quote was done
after he had taken apart the chimney to the point that he knew
everything that was wrong with it, so I don't see how anything else
could have popped up. Anyway, I will pass all this info to my dad and
see how things work out.
Chris
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Posted by Steve B on November 14, 2006, 10:13 pm
Can you explain more what you mean by "he is a
> contractor, right?"
Each locality has its own rules about contracting. Contracting is when I
say "I will paint your house for $1500." We have an agreement, and if we
have a dispute, it goes before a board to settle the dispute.
If you hire me for $15 an hour to paint your house, and at some time find
that I'm not doing a good job, or you run out of money, or I start not
showing up, the agreement is ended. Either party can end the agreement for
just about any reason.
But when there is offer and acceptance, there is a contract. If one or the
other doesn't perform, there are grounds for legal action.
Local laws set the rules for these situations so that homeowners don't get
taken, and so that there is less litigation in the courts. They also set
them so that there are some standards. For example, they test the
contractor applicants in different areas to make sure they know what they're
doing and that they know the laws governing the operation of a business.
In my location, Las Vegas, (where it hardly rains), it is a FELONY to
contract without a license, and that means to even make an offer to do work
for a fixed sum. Handy men can do all they want by the hour, but if it is a
permanent attachment to the house, they are supposed to have a contractor's
license. This is to standardize things and help get things done up to code.
You might want to investigate and see what the regs are in your area. Look
in your state's directory for contractor's board, or just ask around.
What you want is to get the job done and done right. But you don't want to
get taken advantage of. It was one BIG assumption on the part of the worker
to go ahead with a lot of extra work that wasn't authorized. That didn't
even give you the chance to have others bid on it, and perhaps get it done
for less. And now who's to say if the work was even needed or appropriate?
And why didn't he even ask you about it, in case you may have been able to
call your dad and get the okay?
I smell a fish here.
Steve
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Posted by Goedjn on November 15, 2006, 11:37 am
wrote:
>
>> My dad recently had a guy in to repair the chimney, and he quoted a
>> specific amount for a basic repair. After he started working on it, it
>> became obvious the chimney needed much more extensive repairs, and he
>> gave my dad a new quote, which they agreed on. My dad was in the US
>> for most of the time the repairs were being done, and the guy has now
>> given him a bill that's $1100 higher than the quote, saying he had to
>> do "extra work" and my dad wasn't available to discuss it (though my
>> mother was here the whole time). He also hasn't done a couple of minor
>> jobs he agreed to do at the same time.
>>
>> As far as I can tell, he doesn't have a leg to stand on since he gave
>> us a quote, but I just wanted to check with other people. I'm located
>> in Ontario, by the way.
Do you think he did the extra work?
If so, why don't you want to pay him?
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Posted by Don Phillipson on November 14, 2006, 10:53 pm
> My dad recently had a guy in to repair the chimney, and he quoted a
> specific amount for a basic repair. After he started working on it, it
> became obvious the chimney needed much more extensive repairs, and he
> gave my dad a new quote, which they agreed on. My dad was in the US
> for most of the time the repairs were being done, and the guy has now
> given him a bill that's $1100 higher than the quote, saying he had to
> do "extra work" and my dad wasn't available to discuss it (though my
> mother was here the whole time). He also hasn't done a couple of minor
> jobs he agreed to do at the same time.
>
> As far as I can tell, he doesn't have a leg to stand on since he gave
> us a quote, but I just wanted to check with other people. I'm located
> in Ontario, by the way.
You could start with the Government of Ontario
web site (Dept. of Consumer Affairs) because
there may be local laws concerning estimates,
oral contracts etc.
--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)
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Posted by RicodJour on November 14, 2006, 11:03 pm
Chris Birkett wrote:
> My dad recently had a guy in to repair the chimney, and he quoted a
> specific amount for a basic repair. After he started working on it, it
> became obvious the chimney needed much more extensive repairs, and he
> gave my dad a new quote, which they agreed on. My dad was in the US
> for most of the time the repairs were being done, and the guy has now
> given him a bill that's $1100 higher than the quote, saying he had to
> do "extra work" and my dad wasn't available to discuss it (though my
> mother was here the whole time). He also hasn't done a couple of minor
> jobs he agreed to do at the same time.
>
> As far as I can tell, he doesn't have a leg to stand on since he gave
> us a quote, but I just wanted to check with other people. I'm located
> in Ontario, by the way.
You're not a lawyer, eh? There's always a leg to stand on.
You said your dad was in the US, so I guess he's back now. Why are you
getting involved in an agreement between your father and a contractor?
If your father trusted the guy to do the work while he was gone,
knowing that there was no supervision, why are you second guessing him?
R
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