My A$$HOLE just got BIGGER......

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big yard....

hrmmm....
CHAPTER 400* HOME IMPROVEMENT CONTRACTORS

No signiture from the contractor, just a plain printed invoice, I never got a real contract, it has no cancelation rights printed on it, and I guess it would be a quasi-contract, so I don't have to pay, and they can't reclaim anything...

hrmm...I must study this crap some more.....
 
"Home improvement" does not include the sale of goods by a seller who neither arranges to perform nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.....

:hmm: :huh: :wacko:

so is this landscaping job home improvement or not?:huh:
 
"Home improvement" does not include the sale of goods by a seller who neither arranges to perform nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.....

but this seller DID arrange AND perform DIRECTLY the work and labor...?
this would be like a purchase from home depot...
or from a lumber yard salesman...
this contractor did the install and application...
 
Any time you have someone come in for home improvement have a contract fully signed explaining what the contract will cover to the exact detail. I would call a lawyer now or call state to see what rights you have. Hopefully without his signature or contract you still have some rights.
 
I'm stupid happy with the work done, and I would actually pay up to $1800-2000...if they would take payment's. When I went there the other day, I talked to the secretary, and told her the details, and she said she would have the owner call me and that never happened. So I plan to show up Monday morning and drop another $600 to their company for my bill....

Reason's:

Half down payment...I dropped $600 cash for the deposit, so that mean's the other half due after the job is complete...so $1200 for the job....according to their paperwork...

I'll get the balance owed to the company down from $4705 to $3505...and the small claims court max is $3600....since I paid the first deposit and the second fee charge in good faith, the date on the due fee's should start that day.

And if they want to come tear up my yard to get the topsoil back...then that would be invaision of private property, destruction of private property, and breaking a few other laws against my land...

They are an actual contraction company, and they failed to actualy give me a real contract, let alone anything with a signature from their office....just a computer generated paper higlighting the price's....so a contractor doing a job without a contract?....and then overdoing the job against the contractee's permission?...with nothing in writeing?


I think I have a decent foot now to stand on....:)
 
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The situation becomes like that of a paving company who paves the wrong driveway.

So long as it wasn't to your knowledge that you'd be benefitting from their mistake - then you're in the legal right. As a professional, they're viewed as experts by the law and are not supposed to make mistakes, if they do they cannot profit from their mistake UNLESS THE PERSON BENEFITTING FROM THE MISTAKE KNEW AND TOOK ADVANTAGE OF THE SITUATION.

Its hard to detail and describe but if you weren't home and came home to a newly landscaped yard, then you'd be in the legal right.

If you were home, saw them come onto your land, knew that they weren't supposed to be working on your yard and you didn't stop and say anything to them because you thought, "Hey I'm going to get free yard work out of this." Then legally you'd be contracted to pay. However with you, this did not happen, the first situation happened.

Pay the original bill that you agreed to, and work it out from there. Don't make payments on the larger bill or else you're accepting the bill and losing your legal rights.
 
well, the guy finally called me today, and he said he can drop the price to where I owe them just another $2500, and they will take payments....thats better than the $3505...but not by too much better. But still a $1000 estamated job going to $3700 is still insane. I'll see if I could haggle the price down a little more, and then pull out a loan to pay them off....or call up the state and see what my rights are....
 
Was these an explanation as to why his estimate was so far off?

I mean, from what I see this is just him being an asshole. He had to pre-order the materials which put him over his estimated price all on their own. At that point, he should have contacted you to tell you that the job was going over-budget. Here's how much, here's why, etc.

But instead, he ordered materials which were way over the entire projects budget and then continued to rack up the bill without first checking with you. That's crap, plain and simple and there is no reason you should have to pay a dime over the estimate.
 
more money more problems...lol

4gs to you is more like 400 to me, suck it up big guy. you've got enough for all of us

thats why i like being broke...i have enough to pay for everything i owe and i have enough to go out and save a little... but i dont have any were close to this....


Current Debt=$174,485.26 and no sleep, no sex, no projects, etc...

my debt.....1.2k @160 a month
 
I owe 158k on the house, about 19k on the van, 2600 on the bedroom set, 9k on the wife's cc... thats $188,600... Beat that. :D

And Clayton... I'd tell them to pound sand. Say here's $2k fuck off.
 
$2k? fuck that.

Give them $1200 and tell them to fuck off.
 
wow dude. I cant believe they didnt tell you it was going to go over the origional amount. They normally do. I find it hard to believe that the miscommunication was there. If he estimated 1000 then that means ihe makes practically no profit money after the paying other people and rentals. Nevertheless i'm with the reast of these guys. give them 1200 and say bye. I understand trying to work them but keep in mind, its their business. you'll be hurt more than they will. they'll make theier money back raping some other doushbag
 
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