What do you do when a company (or individual) fails it's agreement

kneifl

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Long story short, I paid a tree removal company to cut down 11 trees. They told me now they are only cutting down 10. They were looking for work and came knocking on my door. Signed a contract and everything for the job both sides agreed on. I told them to cut down the eleventh tree (also the biggest, and the tree I wanted cut down the most) or I will dock them $500 (off the total) and I'm very pissed right now. What would you do?

kneifl
 

MadJack

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Long story short, I paid a tree removal company to cut down 11 trees. They told me now they are only cutting down 10. They were looking for work and came knocking on my door. Signed a contract and everything for the job both sides agreed on. I told them to cut down the eleventh tree (also the biggest, and the tree I wanted cut down the most) or I will dock them $500 (off the total) and I'm very pissed right now. What would you do?

kneifl

Pay them on completion of the work that was agreed on.
 

kneifl

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Pay them on completion of the work that was agreed on.

Yeah, that's the thing. They don't want to complete the work. I guess I have no choice but to dock them. I'm very unhappy about this though. Very slimy/dishonest way to do business on their part.

I could be a total dick about it and not pay them at all until they finish the work, but frankly I'm sick of the foreman (owner) being a whiny little bitch. I yelled at him a few times just now so I'm sure he "gets" it. At this point, I just want them to get the fuck out of my backyard and clean up their mess. Really angry about this - people are just not right. He did cut down 10 trees though, largest one I'm stuck with I guess.

kneifl
 

Snafu

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pay 2/3 after they have cleaned what they have accomplished so far.
you get expenses and delay hiring another company and they didn't
fill their part.

agree this before paying anything.

if it would be me here (different country different rules) i wouldn't
pay them until other company has completed the job this first one started.
then reduce second companys bill from the first companys bill and pay
what's left.
 

The Boys

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Yeah, that's the thing. They don't want to complete the work. I guess I have no choice but to dock them. I'm very unhappy about this though. Very slimy/dishonest way to do business on their part.

I could be a total dick about it and not pay them at all until they finish the work, but frankly I'm sick of the foreman (owner) being a whiny little bitch. I yelled at him a few times just now so I'm sure he "gets" it. At this point, I just want them to get the fuck out of my backyard and clean up their mess. Really angry about this - people are just not right. He did cut down 10 trees though, largest one I'm stuck with I guess.

kneifl

Don't pay them a dime until they complete 100% of the job. If they're licensed notify the attorney general in your state.
 

lostinamerica

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After they clean up the work they did do, the measure of your damages is the cost for you to get the rest of the job done (i.e., the one big tree), and you have a legal duty to mitigate your damages. Pay them the difference, or thereabouts. Any adjustment or recognition for delays or consequential damages is very rare in a simple contract dispute.

GL
 

SixFive

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Don't pay them a dime until they complete 100% of the job. If they're licensed notify the attorney general in your state.

I completely agree.

I have a feeling that these are what I call jacklegs and probably have no insurance or liability. 11 trees should cost around 3k or maybe more (idk what kind of trees). Your agreement probably was for far less. If the work isn't completed to your satisfaction by whatever date you give them, don't pay. In your position, I wouldn't budge an inch. After that time is up, pay somebody else to finish the job that is a licensed contractor. Have a third party person write a report of the condition of your property before the work is completed. GL!
 

SixFive

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After they clean up the work they did do, the measure of your damages is the cost for you to get the rest of the job done (i.e., the one big tree), and you have a legal duty to mitigate your damages. Pay them the difference, or thereabouts. Any adjustment or recognition for delays or consequential damages is very rare in a simple contract dispute.

GL

I'm sure this is better than I what I said BC it's not my field. LIA, isn't it the burden of the contractor to finish the contracted work and to be licensed and bonded? If I were Jon, I almost don't want these guys back on my property. Can he ask for their licensing and insurance and if they don't have it, bar them from his property? What if that is the case and this guy fells the tree on his co-worker and incurs a million in medical bills? Is Kneifl then responsible for damages because it his property?
 

gardenweasel

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I`ve heard that it`s a very bad idea to hire folks that go door to door looking for work.....this a good example of what can happen....

thanks for posting....g.l. getting that tree down...
 

lostinamerica

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I'm sure this is better than I what I said BC it's not my field. LIA, isn't it the burden of the contractor to finish the contracted work and to be licensed and bonded? If I were Jon, I almost don't want these guys back on my property. Can he ask for their licensing and insurance and if they don't have it, bar them from his property? What if that is the case and this guy fells the tree on his co-worker and incurs a million in medical bills? Is Kneifl then responsible for damages because it his property?

I preferred answering when the facts were kept simple.

Yes, at some point it becomes reasonable to just terminate the relationship, and not even let the workmen back on the property, and further adjust any payment for the expense to be incurred for the unfinished clean up. But when that point of saying "enough" reasonably arises is a question of fact under the totality of the circumstances under which the job unfolded, invariably with "he said" vs. "he said" factual disputes, asking whether you have corroborating witnesses, and conceding that any judge assigned to the dispute might not have the patience and skills to reliably sift through any competing versions of the facts . . . I'd clearly communicate you have till X day to "clean up and go", and then say "just go."

And yes, negligence in performing a contractual arrangement can lead to liability for trees falling on cars and roofs and people. And failing to be properly bonded in that jurisdiction would be reasonable grounds for not letting them back on the property for further work.

GL
 

SixFive

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I preferred answering when the facts were kept simple.

Yes, at some point it becomes reasonable to just terminate the relationship, and not even let the workmen back on the property, and further adjust any payment for the expense to be incurred for the unfinished clean up. But when that point of saying "enough" reasonably arises is a question of fact under the totality of the circumstances under which the job unfolded, invariably with "he said" vs. "he said" factual disputes, asking whether you have corroborating witnesses, and conceding that any judge assigned to the dispute might not have the patience and skills to reliably sift through any competing versions of the facts . . . I'd clearly communicate you have till X day to "clean up and go", and then say "just go."

And yes, negligence in performing a contractual arrangement can lead to liability for trees falling on cars and roofs and people. And failing to be properly bonded in that jurisdiction would be reasonable grounds for not letting them back on the property for further work.

GL

:0008 Thanks for the expertise. I wasn't too far off base. GL, kneifl! I have a little experience with trees, and I know it can be extremely dangerous. I wouldn't let some moron on my property for sure. What's the latest?
 

kneifl

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Ended up giving them a partial payment and let them know I wasn't happy. I did get a good deal on the work, they were looking for it and the original quote was over $5K for all of the trees. A lot of them were good sized and it would have cost me big time to have a well established company come out and do it. We agreed upon $2,200 for 11 trees and they did a good job on 10. So they didn't cut down the largest one which sucks for me. I docked them $500 for it - probably should have docked them more. I did yell at the main guy because I told him it was an all or nothing job and that's what we agreed upon. Will not get myself into a situation like this again, and if this ever happens again I'll tell the contractor I'm making two calls one to the police and one to the INS. Not happy about the situation though, will not use door to door solicitors again.

:facepalm:

kneifl
 

kneifl

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What a day....

What a day....

After this fiasco, I go to get my cell phone battery fixed at one of those iphone fix your phone places. I talked to the guy yesterday and he is like sure bring it in. I bring it in to his shop and what do you know he's out of batteries!!!

kneifl
 

fatdaddycool

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Jon,
Contractually you don't have to pay a cent unless the contract is fulfilled or you agree to a lesser amount. I would let them take the teem trees and get another estimate for the last tree. Once you get a contract for removal of the last tree, deduct that amount from the total of your first contract and be done with it.

I would not suggest that you let them cut down ten trees and not pay them anything, although that is your right. The onus is always on the contractor not the homeowner to fulfill the contract.
 

The Joker

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Ended up giving them a partial payment and let them know I wasn't happy. I did get a good deal on the work, they were looking for it and the original quote was over $5K for all of the trees. A lot of them were good sized and it would have cost me big time to have a well established company come out and do it. We agreed upon $2,200 for 11 trees and they did a good job on 10. So they didn't cut down the largest one which sucks for me. I docked them $500 for it - probably should have docked them more. I did yell at the main guy because I told him it was an all or nothing job and that's what we agreed upon. Will not get myself into a situation like this again, and if this ever happens again I'll tell the contractor I'm making two calls one to the police and one to the INS. Not happy about the situation though, will not use door to door solicitors again.

:facepalm:

kneifl
For 2200, I would have bought a 1500 chainsaw and do it myself.
 
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