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Old 12-17-2019, 08:13 AM   #1
Sky
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Default Contractor Did Bad Work, What's My Options??

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..
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Old 12-17-2019, 08:21 AM   #2
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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 3í and loose that land for 1050í


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Old 12-17-2019, 08:59 AM   #3
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Looks like a few hours with a skid steer would fix it. Have you called him and discussed the issues?
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Old 12-17-2019, 09:00 AM   #4
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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.
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Old 12-17-2019, 09:01 AM   #5
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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.
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Old 12-17-2019, 09:04 AM   #6
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No excuse for going onto neighbors property or charging at a higher hourly rate. Did you tell him to doze your survey flags?
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Old 12-17-2019, 09:10 AM   #7
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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^^
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Old 12-17-2019, 09:18 AM   #8
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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.
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Old 12-17-2019, 09:25 AM   #9
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Originally Posted by Take Dead Aim View Post
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 canít give someone a price then come back after or during the job and ask for more money because it took longer than expected! Thatís not right or ethical, part of knowing the business your in.
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Old 12-17-2019, 09:28 AM   #10
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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.
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Old 12-17-2019, 09:28 AM   #11
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Originally Posted by Take Dead Aim View Post
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.
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Old 12-17-2019, 09:32 AM   #12
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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
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Old 12-17-2019, 09:37 AM   #13
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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.
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Old 12-17-2019, 09:45 AM   #14
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Originally Posted by Take Dead Aim View Post
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.
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Old 12-17-2019, 09:49 AM   #15
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Quote:
Originally Posted by Take Dead Aim View Post
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.
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Old 12-17-2019, 09:51 AM   #16
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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.
That's the truth. Especially without a signed contract and defined scope of work.
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Old 12-17-2019, 09:59 AM   #17
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Quote:
Originally Posted by Take Dead Aim View Post
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 had a contractor try and do that to me. He threatened not to finish the job and I took his azz to court. He lost and ended up paying my legal fees and another contractor to finish the job. With no change in scope of work, if you bid it low to get the work then you better be prepared to do it for that price. I have built several homes and 100's of remodels and have never once asked for more money because I under bid the job. Now if the scope of work actually changes then yes there will be a change in cost. Might go up/Might go down.
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Old 12-17-2019, 10:01 AM   #18
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Since you didnt document any agreement...the only written “black and white” is the contractors invoice. I would cease all verbal communication and email to document if the dude goes squirrelly...which it seems has already happened. So...you need documentation to show a judge. Send an email, write a letter and mail it regular mail and certified mail which reiterates what was agreed upon and what was expected and what has transpired properly and erroneously.

To show good faith to the judge and the contractor...you might consider paying him a draw of the original amount that would correlate with the amount of work properly completed. If he did it half way...pay half the agreed amount. It makes you look willing to pay for a properly done job to a judge...and youre being fair.

Main thing is document...photos and writing.

Good luck Sky.

Last edited by Briar Friar; 12-17-2019 at 10:03 AM.
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Old 12-17-2019, 10:02 AM   #19
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Oh and I would tell him to fix it and he is only getting paid what was agreed upon. If he refuses to fix it, then don't pay him anymore money and either if x it yourself or pay someone to fix it with what is still owed the original contractor. Be nice with the 1st request and if you have to ask again tell him not to step foot on your property again and you will see him in court.
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Old 12-17-2019, 10:05 AM   #20
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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.
Building construction possibly, but in 50 years of bidding tractor, dozer, and stump grinding ,etc., I've charged lower than original bid but never more. Tell him to pound rocks.
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Old 12-17-2019, 10:24 AM   #21
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Originally Posted by Codie View Post
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.
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.
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Old 12-17-2019, 10:24 AM   #22
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I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.
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Old 12-17-2019, 10:36 AM   #23
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Don't get me started on contractors. If I can one out of five to even return a phone call I'm amazed!
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Old 12-17-2019, 10:57 AM   #24
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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.
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Old 12-17-2019, 11:07 AM   #25
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Originally Posted by Take Dead Aim View Post
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 100% correct ! Only changes to what the customer originally wanted should change the price..........unless itís weather related and the customer doesnít want to wait. At that point the contractor gives the customer options and an additional fee and the customer agrees.
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Old 12-17-2019, 11:16 AM   #26
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I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.

Are you sure he did the actual work or could it have been done by one of his guys?

Good luck.
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Old 12-17-2019, 11:34 AM   #27
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Some confusion going on in these various posts IMO. A verbal contract is still a contract and will be enough to go to court. With the crazy juries these days it’s up in the air as to who will win, but it’s still a viable contract.

It makes no difference who was actually running the dozer, if he’s working for the contractor, the contractor is at fault, and it’s his responsibility to control the work. After a lifetime of doing dirt work and clearing, ask me how I know !
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Old 12-17-2019, 11:44 AM   #28
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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.
OP said the guy was well into the neighboring properties.

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Originally Posted by Sky View Post
I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.
Honestly, you are probably taking the cheapest route by doing it this way. Just make sure everything is documented like your time, mileage, cost of skid steer, fuel for skid steer, and amount of clean up you do (By the square yard). All of these things can be charged back to the contractor should he try to get more $ out of you in court. And don't get in a pissing match over email, because if you argue down to his level, you both will look bad in front of a judge.

Good luck!
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Old 12-17-2019, 11:45 AM   #29
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Quote:
Originally Posted by Sky View Post
I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.
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.

And I would have him sign a release prior to him receiving that amount.

The real wild card here is the damages to your neighbor's property.

Have you had a discussion with him about fixing what your contractor messed up?
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Old 12-17-2019, 11:49 AM   #30
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First.....

DETAILED pictures/video of EVERYthing that's in dispute. That's your evidence that he didn't do the job.

Secondly....

Detailed pictures/video of a couple of areas where he did the job properly. Compare and contrast.....

CALMLY meet with him (IF he'll meet with you) and show him the pictures. CALMLY explain to him the issues. Hopefully you guys can reach some type of amicable resolution.

I conceived, designed, raised the capital, negotiated the property acquisition from a major national corporation, dealt with all the government agencies {PITA), located and negotiated the contractors, etc for a multi million dollar golf facility. It was a long and VERY hard proposition. Between the government and contractors it was an ordeal. (NOT all of either....some were great and easy to deal with)

Things I learned from dealing with contractors....

If they're not bonded it's a non starter..

If they want 50% up front, walk....probably robbing Pete for Paul....

Have your ducks in a row....detailed plans, pictures, and bid specs the moment you first meet a contractor. This GREATLY helps a reputable contractor.

Be ON site and QUIETLY watch them in action. If you see ANYthing you don't like speak up, but, to the GC or job sup.

And, MOST IMPORTANTLY, prepare a contract containing all job specs in GREAT detail. Word of mouth deals will very often go sideways.....the reason is there are TWO mouths involved. You'll often times have issues WITH a job WITH a signed contact, but, at least you have some solid recourse.

Once the contract is signed be calm, patient (to a point), and work with the contractor/contractors within reason. However, be prepared to CALMLY hold their feet to the campfire IF they're not performing in a satisfactory manner.

There ARE a LOT of outstanding contractors, but, there are a LOT of false prophet BS artists too. The latter, in my experience, low bid and underperform.

I have a buddy in Dallas who is very, very wealthy, He's developed several housing developments from scratch on his own properties. (Plano, Frisco, etc) The first one he did he lost a considerable amount of money. He gave me two pieces of advice while viewing all of my plans and budgets and it was the following....

"Whatever you think it'll cost raise 50% more." You're probably going to go over budget so have the funds to cover it.

"Don't let a dollar chase a dime."
Lowest bid isn't normally the cheapest in the long run. Reputable contractors are normally going to be more expensive up front, but, they'll normally do a better job and more efficiently with less hassle. (saving YOU money over the long haul)

I feel your pain....boy do I....i hope you can work things out. If you can't at least it's not a large amount of money. It's a shame the contractor didn't honor his commitment. It's a VERY common story....

Last edited by Slicefixer; 12-17-2019 at 12:46 PM.
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Old 12-17-2019, 11:56 AM   #31
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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.

Last edited by doghouse; 12-17-2019 at 12:41 PM.
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Old 12-17-2019, 12:04 PM   #32
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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
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Old 12-17-2019, 12:15 PM   #33
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Originally Posted by Graysonhogs View Post
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.

Quote:
Originally Posted by Take Dead Aim View Post
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.
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Old 12-17-2019, 12:23 PM   #34
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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.

Last edited by COACH_EM_UP; 12-17-2019 at 12:30 PM.
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Old 12-17-2019, 12:34 PM   #35
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Originally Posted by Atfulldraw View Post
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?

Last edited by Burnadell; 12-17-2019 at 12:41 PM.
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Old 12-17-2019, 12:43 PM   #36
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Originally Posted by BrianL View Post
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?

Last edited by Philip-TX; 12-17-2019 at 12:52 PM.
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Old 12-17-2019, 01:10 PM   #37
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Originally Posted by Philip-TX View Post
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.
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Old 12-17-2019, 01:42 PM   #38
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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?


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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.

Last edited by Burnadell; 12-17-2019 at 01:46 PM.
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Old 12-17-2019, 01:53 PM   #39
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Maybe I missed it but how much fenceline did you have that took 29 hrs to clear.
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Old 12-17-2019, 02:35 PM   #40
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Originally Posted by Burnadell View Post
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.
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Old 12-17-2019, 02:36 PM   #41
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Originally Posted by mrc View Post
Maybe I missed it but how much fenceline did you have that took 29 hrs to clear.
2115' but was thick thick.
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Old 12-17-2019, 02:38 PM   #42
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Originally Posted by WItoTX View Post
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.
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Old 12-17-2019, 02:40 PM   #43
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Originally Posted by Philip-TX View Post
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.

Last edited by Sky; 12-17-2019 at 02:44 PM.
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Old 12-17-2019, 03:42 PM   #44
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Quote:
Originally Posted by WItoTX View Post
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.
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Old 12-17-2019, 04:16 PM   #45
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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.
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Old 12-17-2019, 04:36 PM   #46
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Quote:
Originally Posted by Sky View Post
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.
If the neighbor "didn't want anything cleared" and it was, in fact cleared then you will probably be required to compensate him. I'd hold off paying the other guy until you get that settled.
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Old 12-17-2019, 05:07 PM   #47
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Originally Posted by Philip-TX View Post
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.
Philip, who said I didn't talk to the neighbor? The issue isn't even about the neighbor but to answer you, yes I have talked and discussed with the neighbor that the fence is going up and asked if he wanted to be apart of it way before the dozer guy got there. Neighbor didn't want to help on the fence or the brush, so I told the dozer guy to clear the fence line and I will take the brush but stay off his property as much as possible.

And I asked for a fence line not a road, he gave me a road and not a fence line...
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Old 12-17-2019, 05:09 PM   #48
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Real simple...write him a check for what you think is reasonable and write paid in full on the check along with a job reference number.

If he cashes that check he acknowledges that the job has been paid in full and has nothing to come after you for...
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Old 12-17-2019, 05:09 PM   #49
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Originally Posted by ChrisB View Post
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.
yes of course, but he argued with me immediately and said he gave me what I asked for and cleared the fence line.. also saying he could get a fence up with that brush in the way no problem...

that's not the point if you can get a fence up, I didn't hire him for his opinion, I hired him for clearing my property line.
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Old 12-17-2019, 07:06 PM   #50
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Originally Posted by Sky View Post
yes of course, but he argued with me immediately and said he gave me what I asked for and cleared the fence line.. also saying he could get a fence up with that brush in the way no problem...

that's not the point if you can get a fence up, I didn't hire him for his opinion, I hired him for clearing my property line.
You both are at fault. Him for not doing what yall agreed upon and you for taking the cheapest price and not getting it in writing. Hope you get it resolved in your favor but it's a mess right now and I feel for you.
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