Need Advice on a Contract I signed

[70Maverick]

I looked and looked and under the title of this forum it says and I quote: "Have a question about the law" and I do.

I am not 17. Over that doubled in fact. I have the money to pay this bill. I am not trying to skip out on anyone. In fact, I called the owner of this company personally tonight and explained my side and we had an adult conversation where I said at this time I do not feel like I owe this but also was not willing to be all Billy Baddass and say I'm not paying this you #$%@@@^^! He appreciated my call and we hung up on as good a terms as possible given the circumstances.

I will try to keep it brief. I want to know if the the LAW says I owe them money. I will pay it if so.
Signed a contract with a BBB a+ rated Foundation repair company and we checked 3 references. Agreed to pay $4,000 to install 4 piers. They came out at 9AM and quit working around 12:15 but stayed until 1:00 or better to clean up the mess, put up equipment etc. Worker told me "The ground is too hard, too much rock, there is no way we can get through it." (again, I know these are short sentences, just trying to get down to nuts and bolts without being wordy.)
At which point he brings me an invoice for $1,277.65 for their labor. I was like WTF is this? He says "We couldn't install piers but we have labor involved."
I have never not paid a debt. My credit score reflects it. I just can't see why I would owe them anything when no services were provided. They TRIED to provide the service we both agreed to but they could not. I do not hate them. I do not think they are crooks. But I don't understand why I would owe them money. The contract has 2 clauses. One is if the foundation is more than 3 feet below ground level it's extra and if there is
substantial "overpour" on the foundation requiring them to chisel away concrete to get back to the "REAL" foundation. I am sure that makes sense you to guys. Neither of these was the case. There is nothing anywhere in it that says "If the ground is hard we reserve the right to leave and you owe us labor". But again, even so, I am not trying to stick someone even if the contract is not worded correctly. I believe in Karma. I just really can't believe this is happening.
So legally I can't imagine I owe them anything but morally maybe I do? They had 2 guys, a truck and a backhoe on the job site.

Thanks for opinions.

 

[Weather Man]

You didn't pay for try. That the contractor didn't know the terrain in your area is not your fault. You may need a lawyer familiar with local law. He could file a contractors lien against you. Sucks.

 

[silver03svt]

I will concur with Weather Man. The signed contract was for completed work on four piers. Not attempt to complete four piers. I understand that the contractor has labor costs tied up in the job, yet he did not complete the job per the contract. HOWEVER, the contractor may still be able to file for that lien against you.

My advice would be for you to consult a local attorney for more professional advice on the matter.

 

[70Maverick]

I will concur with Weather Man. The signed contract was for completed work on four piers. Not attempt to complete four piers. I understand that the contractor has labor costs tied up in the job, yet he did not complete the job per the contract. HOWEVER, the contractor may still be able to file for that lien against you.

My advice would be for you to consult a local attorney for more professional advice on the matter.

Thanks so much. I figured as much. I also figured attorney fees will end up costing BOTH of us more in fees than a settlement either way would amount to. Could be wrong on that. Again, if he is owed, he should be paid. Just for once in my life I feel like I have to take a stand on this one. We have everything we need, aren't shopping for anything on finance so not worried about my credit, I am tempted to finally say enough. Maybe the smart thing to do is offer him half. I don't know though....to me that is admitting you owe the debt and I certainly don't want to do that.

Thanks again.

 

[silver03svt]

Thanks so much. I figured as much. I also figured attorney fees will end up costing BOTH of us more in fees than a settlement either way would amount to. Could be wrong on that. Again, if he is owed, he should be paid. Just for once in my life I feel like I have to take a stand on this one. We have everything we need, aren't shopping for anything on finance so not worried about my credit, I am tempted to finally say enough. Maybe the smart thing to do is offer him half. I don't know though....to me that is admitting you owe the debt and I certainly don't want to do that.

Thanks again.

Call him and say that you are willing to go half on what he says you owe and see if he will settle for that. If he doesn't, then just tell him that your attorney will be contacting him in a few days.

 

[jbs$]

You have nothing of value for your money. Unless there is something in the Contract that gives you liability for their failed attempt, you owe nothing. The Contractor had the opportunity to inspect the work site prior to accepting the job and entering into the agreement. This is his failure, not yours. In fact I may even threaten him with a counter suit for his failure to live up to the term of the signed Contract. Notify him that if you have to bring someone else in to finish the job, he will be held libel for any and all cost over runs.

 

[YJSONLY]

You have nothing of value for your money. Unless there is something in the Contract that gives you liability for their failed attempt, you owe nothing. The Contractor had the opportunity to inspect the work site prior to accepting the job and entering into the agreement. This is his failure, not yours. In fact I may even threaten him with a counter suit for his failure to live up to the term of the signed Contract. Notify him that if you have to bring someone else in to finish the job, he will be held libel for any and all cost over runs.

This. I am a contractor of other sorts but I can not charge someone to fix something if I say this will fix it for $X and then after it doesn't. I give them two options either A) I take it off you owe me nothing because I didn't solve your issue or B) we need this part for $X amount. What would you like me to do? Now there are cases where I tell them it could be abcdefg. Let's start with the cheap one first if you have to have it and don't/can't change it out. (Sometimes fixing things this is the only way)

Under the op it's not your fault you have hard ground. Did/why wouldn't he give a in person inspection for the job (in this case)? I would tell him to pound sand or your lawyer will be contacting him because his end of the deal was not held up. I understand stuff happens it's part of business.

 

[70Maverick]

Honestly, ^^^^^this was my first reaction but I have bad luck with over reacting and I am older and trying really hard to see both sides and be fair. That is what honestly made me more mad than ever, LOL. I was like.........Trying to be fair.......Trying to not be upset that they walked away from the job having accomplished nothing and THEN they hit me with a BILL as a reward for being so understanding, LOL.

 

[hb712]

This is not to be considered legal advice.

Here's the basic deal. Whether you have a duty to perform is not a matter I'm willing to discuss here. You'll likely need to either come to a separate agreement with the company - one which does not require you to pay - or take the issue to court (or wait for him to pursue an actions). Because a contract is an agreement enforceable by law, that is how it has to be enforced (meaning outside of court, there's little one can do).

This area of law is civil and shouldn't be answered by LEO's. Those of us who can more appropriately answer the question are limited by the risk of malpractice. Nothing I have said is to be considered legal advice. You should seek a consultation with an attorney licensed to practice in your area. Often times the initial consultation is free and the attorney can advise you about potential actions.

 

[Rings]

This. I am a contractor of other sorts but I can not charge someone to fix something if I say this will fix it for $X and then after it doesn't. I give them two options either A) I take it off you owe me nothing because I didn't solve your issue or B) we need this part for $X amount. What would you like me to do? Now there are cases where I tell them it could be abcdefg. Let's start with the cheap one first if you have to have it and don't/can't change it out. (Sometimes fixing things this is the only way)

Under the op it's not your fault you have hard ground. Did/why wouldn't he give a in person inspection for the job (in this case)? I would tell him to pound sand or your lawyer will be contacting him because his end of the deal was not held up. I understand stuff happens it's part of business.

This is what I would go with.
Now in Oklahoma liens filed based on services rendered only last a YEAR, He could put a lien on your house but would have to file said lien EVERY year in order to get said money from you when house sells/totaled/whatever.
He can go after you in civil court, but (without seeing contract and based SOLEY on what you've said) he and his crew did NOT uphold their end of the contract. Thus allowing you a counter suit for damage to/around house yard mental blah blah blah.

Good luck and DO NOT offer to pay half until you feel its best just to be done with it!

Have you thought about contacting the BBB??

 

[stagedz]

He should have fully inspected the job site before bringing a whole crew. I would offer to give him $500 for his time and make him sign something that says paid in full...but really if you don't want to pay him at all I don't feel like legally there is anything he can do. Obviously involving an attorney would cost both of you more then the billed amount.

 

[Machdup1]

They did not complete their contractual obligation and there is no language in the contract that gives him an out for his non-performance. Ethically you owe them nothing. Legally, it depends on your states' contract law.

I would allow him the opportunity to complete the work for the agreed upon rate or he can pound sand. His choice.

 

[jbs$]

I have no sympathy for people or business's who do half-ass work, then expect to be paid for it. I would give them a turd in box with instructions on how to make a slurpee.

 

[hb712]

Legally, it depends on your states' contract law.

Yup.

This actually sounds like a portion of a fact pattern from first semester Contract Law, IIRC. Booked the course and never looked back.

 

[Woody6799]

I am with you OP. I am sure this is not a common issue which is why the contractor does not have a non-refundable deposit with his contract. Ultimately, as stated several times in this thread, this is a civil matter that is going to require the knowledge of an attorney in your area. I would personally call him and offer him $500 cash for his time and effort. If he says no then speak to an attorney and plan your next move. I think that is as fair as it gets in this situation.

 

[sav03cobra]

I am with you OP. I am sure this is not a common issue which is why the contractor does not have a non-refundable deposit with his contract. Ultimately, as stated several times in this thread, this is a civil matter that is going to require the knowledge of an attorney in your area. I would personally call him and offer him $500 cash for his time and effort. If he says no then speak to an attorney and plan your next move. I think that is as fair as it gets in this situation.

Give him $500 for what?.....In good faith for attempting to complete a job?

The contractor should of did his homework and his own surveying of the property. That is his fault for shody practice and failure on his part. He wouldn't see a dime from me, I'd put him on blast every where if he expected me to pay.

Update:

You wouldn't hand your car to a dealer expecting them to fix your car on an "agreed contract" and then when they fail to fix it still pay them. Is money free to you?