Contractor Did Bad Work, What's My Options??

[Sky]

I hired a contractor to bull doze my fence lines on my property for my new fence. He quoted me $3000 to do the work or 125/hr if it takes less than his $3000 quote. All was going good on one side of the place but once he got to the other side it went to hell.

I work out of town and he told me he was completed with the job, and he even moved his dozer off the place. Once I got there last weekend I was not happy with what was left..

He completed missed my property line that was marked with survey flags by 3'. Leaving dirt mounds, holes, brush, trees, etc where my fence is suppose to go! Then he for some reason got on the neighbors property by 30' in places and left it a mess.

I told him at the start, do not get on the neighbors place, if there is a tree in the way on the fence line that roots on the neighbors place pull it but I will take the brush. But give me a slick fence line to work with. Those were my only instructions.


Now he is charging me $4060 bucks and left me with a SH%$ job! $1000 over the original quote, and he put on his invoice 140/hr instead of the 125 he told me and my wife to start with.

What are my options here legally? There was no contract signed, everything what word of mouth..

[Sky]

Clearly you can see that he missed my property line and this is what I am left with to try and build a fence down or move over 3’ and loose that land for 1050’


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[GarGuy]

Looks like a few hours with a skid steer would fix it. Have you called him and discussed the issues?

[Codie]

I would let him know that I would pay him his $4,060 as soon as he came back out and pushed the additional 2'-3' of road that it was going to take to get the edge of the road all the way to your property boundary because as the job sits now, you cannot build a fence down your actual property boundary as was requested from the start.

Overages ARE to be expected when it comes to construction of any kind. Do I like it or think it is right? NO, but if you are doing construction of any kind and not expecting overages then you are setting yourself up for severe disappointment. I do construction loans for people daily and I have had 1 single construction project that did not go over what the original bid was for the project.

[ramrod]

If you haven't already paid him, you hold all the cards. Tell him to make it right or he can take you to court. I would just start with a conversation with him and see where it goes from there.

[RR 314]

No excuse for going onto neighbors property or charging at a higher hourly rate. Did you tell him to doze your survey flags?

[Bassdeer]

If you haven't already paid him, you hold all the cards. Tell him to make it right or he can take you to court. I would just start with a conversation with him and see where it goes from there.

this^^

[Take Dead Aim]

I would let him know that I would pay him his $4,060 as soon as he came back out and pushed the additional 2'-3' of road that it was going to take to get the edge of the road all the way to your property boundary because as the job sits now, you cannot build a fence down your actual property boundary as was requested from the start.

Overages ARE to be expected when it comes to construction of any kind. Do I like it or think it is right? NO, but if you are doing construction of any kind and not expecting overages then you are setting yourself up for severe disappointment. I do construction loans for people daily and I have had 1 single construction project that did not go over what the original bid was for the project.

Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.

[Capt.Brown]

Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.

I agree with this, I can’t give someone a price then come back after or during the job and ask for more money because it took longer than expected! That’s not right or ethical, part of knowing the business your in.

[wellingtontx]

Dont pay him more than the original quote - after he has completed the job. Dont pay more than the agreement. He has not completed the job.

I would also contact the neighbor and apologize, informing him of the issue with the contractor and that you will make it right.

Take photos to document.

Put your request and expectations to him in writing. Write the letter to him with the understanding that it may be Exhibit No. 1 in Small Claims Court.

[RiverRat1]

Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.

This...

If it was a multi step large project then one may expect overages. But a simple 1-2 day single dozer job on what looks like a non rocky, not heavily treed property..That's clearly flagged?? I'd say crap no.

Try talking to him and tell him calmly you agreed on 3,000 or 125/hr whichever was cheaper...and see what he says.


And I swear there are nearly zero people that do good work anymore. It's insane how you have to stand right there and babysit or they can't do the simplest job.

[Graysonhogs]

This...

If it was a multi step large project then one may expect overages. But a simple 1-2 day single dozer job on what looks like a non rocky, not heavily treed property..That's clearly flagged?? I'd say crap no.

Try talking to him and tell him calmly you agreed on 3,000 or 125/hr whichever was cheaper...and see what he says.


And I swear there are nearly zero people that do good work anymore. It's insane how you have to stand right there and babysit or they can't do the simplest job.

Truth

[Texas Tracker]

If you do not have a contract then he has no case do not pay him until its fixed the way you want. Just tell him you will see him in court. Never do any improvements on anything without a written contract.

[clintb]

Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.

This is true and very correct. I am a contractor as well.

[WItoTX]

Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.

You are assuming they had a contract. OP didn't. So neither party actually had a defined scope of work.

OP, just talk with the contractor, maybe bring him out and show him the good fence clearing vs the fence clearing you posted photo's of. Start there. If he is unwilling to fix his mess, pay him what you owe and rent a skid steer for a day to clean up the mess.

It's a PITA, but lesson learned.