OT: Any landscapers/tree cutters here?

[temery]

I had significant damage to trees as a result of the tornado we had a few years ago. I finally save enough to haveeverything cleaned up.

My problem now is the contractor sent me an $850 bill for a dump fee after the work was completed. His chipper broke and he was unable to chip branches, etc.

I have never had a contractor of any kind send me a bill over the original quote unless I agreed to addition.

Bottom line: He did a crappy job, but I'll have to live with this, seeing as though I was foolish enough to pay in full upfront. But I still wonder whether I should be responsible to pay the $850 dump fee.

 

[Robertelamin]

He sent you a bill for $850 on top of what you paid upfront?

 

[Tommyboy]

Was a dump fee discussed at all prior to or during the job? That sounds shady after the fact. Even still why should you be paying for his broken chipper? That's his responsibility in my mind.

 

[UConnNick]

Was there a written contract? If so, what were the terms regarding any costs and expenses incurred? If any contract provided that you were responsible for paying such costs and fees, then legally they're your responsibility. OTOH, if you had no contract, or any agreement that you were responsible for costs, then any attempt to add on fees and charges after an agreed full price was paid would not be legally valid unless you agreed to such an increase in advance.

 

[UCDaveD]

That seems like a raw deal, I don't see how you should be held responsible.

I'd consult someone to talk about it. I've worked with Hillside Landscaping Co. before and Steve, the owner, is always willing to give some advice.

 

[FfldCntyFan]

IIRC you live in Mass, if so their rules may be different than Ct and what I have experience with is primarily commercial construction.

First question: is he a licensed contractor? If yes you will have more options available to you.

The biggest concern I would have is what type of person he is. If you were merely to refuse payment he could either attempt to file a lien (which could end up being more of a nuisance than you want), take you to small claims court (in this scenario, if you could show a good faith efforts in trying to resolve this it would be beneficial), or do something very stupid (which is why it is important to know what he is capable of).

PM me if you want to discuss

 

[temery]

Here is the original estimate. I could only afford what's above the line. No mention of dump fees.

A second problem is that he didn't cut down, remove, and grind the stumps for the two apple trees. He said he won't do so until the dump fee is paid.

The contractor is a large area landscaper. I assumed based on size, they'd be able to get the job done. I really don't want to have to take this to small claims court.

 

[Dove]

Don't pay it. The word "removal" is your key.

 

[HuskyHawk]

Here is the original estimate. I could only afford what's above the line. No mention of dump fees.

A second problem is that he didn't cut down, remove, and grind the stumps for the two apple trees. He said he won't do so until the dump fee is paid.

The contractor is a large area landscaper. I assumed based on size, they'd be able to get the job done. I really don't want to have to take this to small claims court.





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I'd never pay anything over the quote unless agreed in advance. If he had extra costs due to his chipper being broken, those are his costs.

 

[UConNation]

Here is the original estimate. I could only afford what's above the line. No mention of dump fees.

A second problem is that he didn't cut down, remove, and grind the stumps for the two apple trees. He said he won't do so until the dump fee is paid.

The contractor is a large area landscaper. I assumed based on size, they'd be able to get the job done. I really don't want to have to take this to small claims court.





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Temery, you are in no way whatsoever obligated to pay this. In any instance (regardless of what state in the US you're in), if there is any ambiguous portion of a contract, favorability is always given to the party that did not draft the contract (which is you in this instance). Not only are you not obligated to pay the additional $850 that he's asking for you to pay (assuming this was never discussed prior to him dumping the branches), if he's not going to remove your stumps, I would threaten him with breach of contract. You don't actually have to go through with it, but you could settle for him reimbursing you the $300 that you already paid for stump removal.

EDIT: He may try to tell you that you owe him this money because he's already done the hauling of the branches to the dump, but again, unless it was discussed and put into writing, you're not obligated to pay it. You're bound by your contract, which both parties signed, anything that is done beyond what's in writing is charity. And as I mentioned above, he either owes you the stump removal or a $300 reimbursement.

 

[temery]

Temery, you are in no way whatsoever obligated to pay this. In any instance (regardless of what state in the US you're in), if there is any ambiguous portion of a contract, favorability is always given to the party that did not draft the contract (which is you in this instance). Not only are you not obligated to pay the additional $850 that he's asking for you to pay (assuming this was never discussed prior to him dumping the branches), if he's not going to remove your stumps, I would threaten him with breach of contract. You don't actually have to go through with it, but you could settle for him reimbursing you the $300 that you already paid for stump removal.

EDIT: He may try to tell you that you owe him this money because he's already done the hauling of the branches to the dump, but again, unless it was discussed and put into writing, you're not obligated to pay it. You're bound by your contract, which both parties signed, anything that is done beyond what's in writing is charity. And as I mentioned above, he either owes you the stump removal or a $300 reimbursement.

It's not just the stump removal - he didn't even cut the two trees down.

 

[Dream Jobbed 2.0]

Yeah this dude sucks. At minimum he should have said "my chipper is broken I'll have to take this to the dump at your expense or you can dispose of it yourself or wait till chipper is fixed. " I feel like most tree removal guys either have like a prepaid dump agreement or their own tree graveyard.

 

[Da_Aisijimo_Gou]

It's not just the stump removal - he didn't even cut the two trees down.

Have you documented everything in written letters to the "large area landscaper" (arse clown), or minimally in saved emails? Before receiving the arse clown's $850 extra bill, i.e., dumping fee due to his wood chipper malfunctioning, had you pushed back on his failure to complete contractually obligated apple tree removal (approx. $300)? I'm neither an attorney nor did I stay at a Holiday Inn Express last night, but it would seem reasonable to minimally to leverage arse clown's failure to perform contractually agreed work to stave off his ridiculous $850 extra dumping fee.

Arse clown may have some big cajones, but did you pay by credit card? If yes, you may be able to leverage the company's help in getting your originally contracted work completed.

What's the chance arse clown's wood chipper may soon be repaired, and only your finger nails may later be found?

 

[Kitaman]

Wow Tom I was just bitchin about the $600 estimate for tree trimming (about 6-8 very large branches). He's chopping mine down for firewood also. I guess I'll have him do the job now.

Anyway, if he's basically completed the tree cuts (sans stump grinding) based on the estimate, what if you don't pay the $800? Let him sue you, but take mucho pics and videos based on the original estimate along with uncompleted work.

Tree cutting is the biggie, other landscapers can more than handle the beautification stuff. The only problem is that this is the busy season. I generally go on Craigslist or similar when I don't need them to do major stuff requiring insurance.

 

[temery]

Have you documented everything in written letters to the "large area landscaper" (arse clown), or minimally in saved emails? Before receiving the arse clown's $850 extra bill, i.e., dumping fee due to his wood chipper malfunctioning, had you pushed back on his failure to complete contractually obligated apple tree removal (approx. $300)? I'm neither an attorney nor did I stay at a Holiday Inn Express last night, but it would seem reasonable to minimally to leverage arse clown's failure to perform contractually agreed work to stave off his ridiculous $850 extra dumping fee.

Arse clown may have some big cajones, but did you pay by credit card? If yes, you may be able to leverage the company's help in getting your originally contracted work completed.

What's the chance arse clown's wood chipper may soon be repaired, and only your finger nails may later be found?

I don't think it's coincidence that the $850 bill is pretty much the same amount as the estimate I got independently to have the apple trees cut down. I have little doubt he's going to say, "forget about the dump fee, and we'll call it even."

 

[huskymedic]

Tell him you're not paying the dump fee and to bring the stuff back.

 

[UConNation]

It's not just the stump removal - he didn't even cut the two trees down.

If that's the case, then I would again suggest breach of contract and/or ask for additional money back. Did he also provide you a timeframe for which the work would be done? If he did, and this drags out, you may have the ability to ask for additional money back for him extending the length of the work due to his own negligence. I had that happen while I was having my kitchen redone. It was a 2 month delay, and I got $1k taken off the final bill.

 

[intlzncster]

I had significant damage to trees as a result of the tornado we had a few years ago. I finally save enough to haveeverything cleaned up.

My problem now is the contractor sent me an $850 bill for a dump fee after the work was completed. His chipper broke and he was unable to chip branches, etc.

I have never had a contractor of any kind send me a bill over the original quote unless I agreed to addition.

Bottom line: He did a crappy job, but I'll have to live with this, seeing as though I was foolish enough to pay in full upfront. But I still wonder whether I should be responsible to pay the $850 dump fee.

No way I'd pay that. If you did not agree to the fee, it's not your responsibility. Legally or morally.

If his chipper broke, that's on him, not you. You are not responsible for his tools. Sounds like a bum.

 

[intlzncster]

I don't think it's coincidence that the $850 bill is pretty much the same amount as the estimate I got independently to have the apple trees cut down. I have little doubt he's going to say, "forget about the dump fee, and we'll call it even."

Get somebody else.

 

[The Funster]

He's got some nerve sending you a bill for dump fees because his chipper was broken. He does say the stump grinding fee was approximate so he does have an out there. If it was me, I'd call his bluff. Don't threaten with small claims but express your dissatisfaction, reference small claims as a way of resolution and see if you can get the stumps ground for less than $400

 

[intlzncster]

He's got some nerve sending you a bill for dump fees because his chipper was broken. He does say the stump grinding fee was approximate so he does have an out there. If it was me, I'd call his bluff. Don't threaten with small claims but express your dissatisfaction, reference small claims as a way of resolution and see if you can get the stumps ground for less than $400

Stump grinding is $300. That's what he owes. If Tom wants to throw him an extra $100 for his efforts and not have to deal with it anymore, that's up to him. But this guy doesn't have much recourse otherwise. It's more about avoiding any pain in the butt for Tom, if possible.

 

[The Funster]

Stump grinding is $300. That's what he owes. If Tom wants to throw him an extra $100 for his efforts and not have to deal with it anymore, that's up to him. But this guy doesn't have much recourse otherwise. It's more about avoiding any pain in the butt for Tom, if possible.

He says "cost is approximate"

 

[intlzncster]

He says "cost is approximate"

Yes, but he fully admits he dumped it and didn't grind them. He did something different and can't charge Tom for that.

 

[HuskyHawk]

One thing to always remember, these guys live on their reputations. Be sure to remind him that he can do the job he promised to do for the price he promised, or everyone will know about it. Newer forms of Social Media like Nextdoor, and reviews on Angie's List can be pretty persuasive for these guys.

 

[The Funster]

Yes, but he fully admits he dumped it and didn't grind them. He did something different and can't charge Tom for that.

Those are two different things. He didn't chip the wood because his wood chipper was broken so he took the wood to the dump (supposedly). He's supposed to come back with a seperate piece of equipment, a stump ginder, to grind the apple tree stumps down.