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Posted by Toller on November 14, 2006, 11:47 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.
>
Presumably this will end up in small claims court (I am making the wild
assumption you have small claims courts). Judges there are more concerned
with fairness than legality. If the contractor can convince the judge that
he did everything properly, gave good value, and had a good reason not to
have gotten approval first for the extra work, he will probably win. If he
can't, he will lose. And if you think about it, if the contractor is right,
he deserves to get paid, doesn't he?
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Posted by Stubby on November 15, 2006, 12:30 am
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.
Most states have a Statue of Frauds that requires all contracts for more
than $500 and for Real Estate deals to be written; otherwise, courts
will not enforce the contract.
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Posted by on November 15, 2006, 12:53 am
On 14 Nov 2006 16:42:20 -0800, "Chris Birkett"
>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.
>
>Chris
I guess your question is whether a quote is a contract:
Can't always say. Dunno who said what to who and who wrote what down
and who signed what and who shook hands on what..
If the guy offered to do specific work for a specific price, then he
needed your father's agreement to change the work and price.
If he failed to get it, then your father should not be liable.
But ... whatif your dad said "What do you think needs doing .." and
the fellow said " I won't know till I start taking it apart ...
let's hope it';s only ..." and your dad said "Well, whatever ... it
has to be fixed."
See the point?
The guy either earned the extra 1,100 and did your dad a favour by
doing what had to be done, or he's a con man ..... how well was he
checked out?
Surely, if the guy is an honest tradesman ... and your dad is a
reasonable guy , they can work it out.
Ken
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Posted by kellyj00@gmail.com on November 15, 2006, 8:41 am
this is an easy fix...it's called negotiation. (courts call this
arbitration)
If the fella won't see your point of view about "I didn't ask you to do
all this stuff you're charging me for" then you tell him.."ok, here's a
check for the amount you originally quoted."
Write "payment in full, services rendered to chimney on month/day/year"
If he cashes this he is acknowleging that you are not obligated to
make further payments. This will hold up in court. (doesn't do so
well if you do it on a car payment, i'd imagine ;-) )
I write that into the memo of anything and everything I have services
done for... I write checks like that to my dentist, doctor, optomitrist
as well.
Honestly though, if this guy isn't a quack he'll probably entertain
your offer of negotiation. Use the analogy "If the neighbor kid came
over and raked my leaves without asking first, I wouldn't feel it was
right to pay him either"
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Posted by Greg on November 15, 2006, 10:45 am
I can't see how if he had it apart when he upped it the first time, how he
could then justify an addtional 1100 bucks, all of which would have to be
labor as the cost of materials couldn't have gone up that from start to
finish of the job. I'm in Canada too, lets say he charges $50.00 an hour,
that's 22 hours of labor, that's 1/2 a chimneys worth on top of the original
second quote.
> 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.
>
> Chris
>
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