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

[doghouse]

The only problem I see on your side is you told him to not get on the neighbors property. Hard to clear a fence line and not get on the neighbors property. Good luck.

[TxSon1836]

dang terrible thing thats going on here OP. I agree with pretty much everyone here. stay cool calm and collected. document everything and good luck to ya

[Codie]

Not trying to be a smart azz, but I always thought a quote was a firm price. Otherwise it's an estimate. Lack of anything in writing isn't ideal though.

you and me both - but not the way it works with the majority of the builders /contractors I have been involved with, thus being the reason I now require a signed/dated construction contract prior to doing construction loans instead of accepting a bid/quote from a builder.

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.

As I said, I don't agree with it either, but it is what it is. The construction loans I have done have been in a small footprint (Stephens, Young, Palo Pinto, Parker, Tarrant, Throckmorton, Archer counties) but in the 9 years of doing them I have had 1 contractor out of a couple dozen that came in on budget, and he didn't actually come in on budget, but he said "I gave a price and I mis-judged that price, so I will eat the difference above what the bid was for."

A contractor who answered his/her phone, showed up when they said they would, and charged what they bid the job at could stay as busy as they wanted to in our part of the world.

[COACH_EM_UP]

Sounds like that if it was by word of mouth, then he does not have a leg to stand on and if he wants to get paid, he better do it the right way. "Do it right, do it light; Do it wrong, do it long".

I would hate to be that way, but if there is no contract and you are not satisfied with his work, I would not pay him until he did the job to my satisfaction. If I am paying for something to be done, then I would want it done the way I want it done, not the way someone else feels like it should be done. I have no problem with paying him, once the job is done as it should be.

But I do think you should not have put all the details on this post. Just my opinion.

[Burnadell]

You are way nicer than me....

The amount he would be getting from me is his original price, minus whatever I paid to have someone else fix his mess.


Have you had a discussion with him about fixing what your contractor messed up?

^^^ This ^^^

1. Why would you pay him ANYTHING above what you agreed?

2. What reason did he give for not clearing ON the property line? What are the fence posts that are 6-7 feet from that one flag? Are they on the property line?

3. Are you sure your instructions were clear? Did he think he was clearing a road alongside the fence line or clearing the property line in order to build a fence on it?

4. Again, if he did not follow your instructions, why would you pay him $140/hr when you agreed to $125???


EDIT: The flags look like they are bent, and the clearing went blade went right up to the base of the flags, but the pics of them are not clear. Was he supposed to clear over the flags or up to them?

[Philip-TX]

I don't see much wrong with the pictures, unless the side he cleared was on the neighbors side??? A dozer isn't normally know for fine finish work.

I'm with you. It is just a fence line!! What was expected super-highway ROW?
Were you expecting a maintainer to come smooth it all out?

Did you talk to the neighbor about the fence going up? Did you discuss any clearing on his side that might be required or his objections to it? Did neighbor specifically say to stay off the property line?

[WItoTX]

I'm with you. It is just a fence line!! What was expected super-highway ROW?
Were you expecting a maintainer to come smooth it all out?

Did you talk to the neighbor about the fence going up? Did you discuss any clearing on his side that might be required or his objections to it? Did neighbor specifically say to stay off the property line?

Who cares what the neighbor was or wasn't told. The fact that the contractor took it upon himself to go on the neighbors property is on the contractor.

Not to mention OP said he walked the guy through one whole side of the project and supervised him the whole way. Based on that, the contractor should have known exactly what the contractor was expected to deliver. If doing so would cost more, the contractor could have communicated the increased cost via a phone call. According to OP, the contractor didn't do this.

OP, thinking about this more, you should definitely only pay the agreed price minus the cost of the skid steer and costs associated with correctly finishing the contractors work.

[Burnadell]

Is this neighbor the one that (you stated on another thread) is splitting the cost with you?

If so, why didn't you just instruct the operator to go right down the middle of the property line...or did you?

I just bought a place that had not only one but TWO feeders 25' from the property line fence. That was the first thing I did was move the feeders/blinds to the center of my property, out of sight. I got in contact with the neighbor, introduced myself, and also let him know I moved the feeders/blinds that the old owner had there. Just by that small deal, he has agreed to split my new fence bill with me on his property line, and also has invited me on his land for coyote calling after deer season.

Needless to say, once you get along with your neighbor. Life is a lot easier.

[mrc]

Maybe I missed it but how much fenceline did you have that took 29 hrs to clear.

[Sky]

Is this neighbor the one that (you stated on another thread) is splitting the cost with you?

If so, why didn't you just instruct the operator to go right down the middle of the property line...or did you?

No, this is the side that the other neighbor owns. He didn't want to have anything to do with the new fence. He just asked if I wouldn't disturb anything on his property and he would allow access via his road for equipment until job was finished.

[Sky]

Maybe I missed it but how much fenceline did you have that took 29 hrs to clear.

2115' but was thick thick.

[BrianL]

Who cares what the neighbor was or wasn't told. The fact that the contractor took it upon himself to go on the neighbors property is on the contractor.

Not to mention OP said he walked the guy through one whole side of the project and supervised him the whole way. Based on that, the contractor should have known exactly what the contractor was expected to deliver. If doing so would cost more, the contractor could have communicated the increased cost via a phone call. According to OP, the contractor didn't do this.

OP, thinking about this more, you should definitely only pay the agreed price minus the cost of the skid steer and costs associated with correctly finishing the contractors work.

You can't clear a straight property line fence row and not get on the neighbors property. You actually can't drive a T-post in the center of a property line without getting on neighbors property. That is why some people back off several inches or feet to build a fence. It is a lot easier to get with the neighbor and clear the fenceline 5-10' on each side and build the fence.

I have also seen where people want to go ahead and do "x" while you have the dozer is there. x wasn't in the original bid, or the way it was originally bid. People seriously underestimate how long x can take. I have been of both side of that situation.

Zero excuse for changing hourly rate. I have had that happen to me as well. Now I get a contract and list out rates and job. If I change anything it is noted in contract and I ask if there is additional charge for change.

[Sky]

I'm with you. It is just a fence line!! What was expected super-highway ROW?
Were you expecting a maintainer to come smooth it all out?

Did you talk to the neighbor about the fence going up? Did you discuss any clearing on his side that might be required or his objections to it? Did neighbor specifically say to stay off the property line?

What was expected is a slick path on my property line so I can build a nice straight fence without it looking like a wave pool.

Neighbor didn't want anything cleared on his property and if brush was in the way of the fence line he didn't want to take the brush either... he is a real pain.

And I have had every fence line ive ever cleared dozed or excavated, then slicked off with a grader, so yes...
and most fence line clearings are 1-2 dozer blade width, just enough to get equipment down...he cleared extremely too much... 50' in some places.

[Philip-TX]

Who cares what the neighbor was or wasn't told. The fact that the contractor took it upon himself to go on the neighbors property is on the contractor.

Not to mention OP said he walked the guy through one whole side of the project and supervised him the whole way. Based on that, the contractor should have known exactly what the contractor was expected to deliver. If doing so would cost more, the contractor could have communicated the increased cost via a phone call. According to OP, the contractor didn't do this.

OP, thinking about this more, you should definitely only pay the agreed price minus the cost of the skid steer and costs associated with correctly finishing the contractors work.

Good neighbors talk to each other about such things. If he is putting a property line fence up he should have talked to neighbor. Now if he is putting a fence on HIS SIDE of Property line, he can do what he wants how he wants. And agree should have stayed off neighbors place.

Me thinks he got a fence line but was expecting a road.

[ChrisB]

Did you call him and tell him you were not happy with the work? I would have at least gave him a chance to make things right.