Am I wrong?

[streamin]

I think he was in the wrong for not stopping and talking to you first. I think the mediator is a good idea..

 

[George2615]

Just another example of why you need to get it in writing. Whether its an estimate or a total price for the job. Like the others have said, once he met the price / time frame of your estimate he should have contacted you as to whether to continue and at what cost to you. There are some contractors who underestimate and just keep going till done then hand what the customer feels is an overpriced bill. As a contractor he knows his agreement with the customer should be in writing. Maybe he wants to hide it and not claim it as income by not putting it in writing.

I can see your point but without hearing his side or what the initial conversation contained its hard to respond.
You can say you only agreed to the estimate price and if he's not willing to renegotiate you can call the Better Business Bureau.
Maybe he didn't write it so he didn't have to claim it as income. If that's the case he won't want you notifying the BBB.

 

[LeadPoison]

I was also charged 8.5% tax. I was a little shocked on that one as well. If he is trying to hide the income I don't think he would charge tax. Has anyone ever been charged tax for tractor/dozer work?

By the way he says he is going to sue and put a lein on the place. I would rather do some type of arbitration through the BBB for sure. I am sticking to my gut on this one and I am willing to go the extra mile.

 

[Willl]

I am not a lawyer nor do I pretend to be one but I think I pinpointed your problem.

verbal estimate

 

[LeadPoison]

True. I do have 3 witnesses versus his 1. A verbal contract is legally binding, but a written contract is definitely the way to go.

 

[J_J]

As long as your witness can write down what was said or testify on your behalf, I don,t think you have anything to worry about. No lawyer is going to take his case, because he doesn't have a case. Write him a check for the agreed upon amount and write on it paid in full. If he accepts it, then I believe the case is closed. Maybe some lawyer will chime in here and correct us if we are wrong.

Trying calling your state attorneys office and get some advice. Tell them you think you are being scammed, and you believe he has done it before. Maybe the IRS will want to know some details about his business practices, and whether he is going by the rules. Offer your check to him with several witness around and note his response. Video this if possible.

 

[Willl]

Write him a check for the agreed upon amount and write on it paid in full.

I paid him the estimate amount

C'mon JJ, keep up.

 

[PILOON]

I would have given him the estimated price + 10% plus the tax with the tax showed as such.

Had a nursery landscaper try that on me once.
Said it was X$ per paver and the area was clear cut square area.
He demanded over twice his estimate, I laughed to his face paid him the estimate + 10% and told him to sue me.
Told him no judge would back him as he had been in business for 30 years and knew what he was doing.
Simple maths in that case.
Never heard back. Some will always try!

 

[john_bud]

I bet the guy has outstanding bills and is using you as his sugar daddy.

jb

 

[LeadPoison]

Put it this way... I know he was out for about 3-5 weeks during the summer due to dozer mantainence and health issues.