Am I wrong?

[2manyrocks]

What he can do depends on the mechanics lien statute in Mississippi. It probably allows him to file a lien, but requires him to sue to enforce it or lose it within a certain time frame.

If I understand your post, you and two relatives heard him give his initial estimate. The final outcome may depend upon your local judge and his understanding of what was agreed to. The way you have presented this, it sounds like a lowball estimate followed by an unexpectedly large bill.

I suggest you get another dozer operator to come look at the work that was done and tell you if the time expended was reasonable or if he is padding the bill. You'd want an operator who would be willing to come to court with you if needed to testify what time should have been required to do the job.

If the judge thinks the guy was just padding his time, he ought to reduce the bill down to the reasonable time multiplied by the hourly rate you agreed to.

Why did the other people recommend this guy to you after he had overbilled them?

 

[LeadPoison]

We have decided to write him a cordial letter restating our feelings. If no dice, then we are going for a preemptive strike.

The other people recommended him as they used him many times before. He did my work the same time as my neighbor's.

 

[scoutcub]

If his upper end estimate was 20 hours and he billed you for 44.5, he is just dead wrong. Should have consulted you at 25 or 30, to see how you wanted to proceed. I'm sure he kept track of his hourmeter while on the job. The threat of placing a lien (to me) is proof he is trying to scare you into paying, for whatever financial reason on his part.
I would not personally write a letter to him, you'll be re-stating what has already been said.
I would;
1. open the phone book, identify some reputable attorneys. (I would try 3)
2. call them, ask for a few moments of their time, and explain the situation. Request their opinion. They will know the local and state law. Confirm this "verbal" time will not be billed. (yes a lawyer tried it on me before)
3. Ask if they will send a letter to the individual with their letterhead, stating you consider the matter closed/job paid in full/or whatever the attorney and you agree upon. A letter from an attorney is a powerful device, and the dozer dude will realize you are serious.
Again, this is what "I" would do....I've done it, and it works.
It's unfortunate when disagreements reach this level, perhaps that's why there are so many lawyers around?! But, they know the law.
Best of luck whatever direction you proceed.

 

[rox]

You can file a lein for a small fee in the courthouse. At that time you don't have to prove anything. It doesn't really even mean anything until you go to sell the property, then it has to be resolved.

Not necessarily in Wisconsin and I imagine other states as well. To go out and throw a lien on a property without backup documentation is called slandering the title and don't ask me how I know this. The OP should look up Slander of Title laws for his state.

 

[dodge man]

I'm not saying you can file a lein without reason and not get in trouble. I'm saying you can record it and the people at the land records office don't care. Like another poster said, at some point you have to take action to recover your money and then you file another document releasing the lein. A lein doesn't really do anything unless you are trying to sell the property, then it becomes a problem.

 

[2manyrocks]

Watch what you put in the letter because if this goes to court, the letter will likely be handed to the judge to read. It's a written document and judges pay attention to written documents.

 

[Highbeam]

Here in WA I have hired machine operators, loggers, etc. and not signed a contract. I was treated fairly and paid my bills. Everybody is happy. I have hired a surveyor and been hired as an engineer and used contracts as these are professionals. Again, I was treated fairly and paid my bills. Everybody is happy.

I don't think that a written contract is necessary on these small jobs. I mean really, a couple of thousand dollars worth of exposure is not going to break me. The larger the estimate, the more likely I am to get a written contract.

 

[kenmac]

I know this doesn't help now. But,
An estimate is only an estimate ( not an exact price) There should have been an agreement not to exceed a specific $ amount over the estimate.That's the way my estimates are written. If both of you can't agree a fair $ anount over the estimate.It may take a judge to decide.
Good luck

 

[wowbw7]

i see a problem with 'Should have consulted you at 25 or 30' hours. he's half done with the job.... and then asks for more money? you know he's not gonna do that. too embarrassing. easier to finish the job then overcharge you. the operator shouldn't be in business if he doesn't know how to estimate his work. he should eat the rest of the time it takes to finish the job and learn from his mistake. even if you get others to give you an estimate that is close to what he has charged you, that doesn't make his actions right. let him take you to court. with your witnesses, he'll think twice.

 

[Mike Costello]

My experience as a small business owner(automotive) is that in this case the homeowner has the upper hand. Since neither party has any written documentation(work done on a handshake only) the judge will probably rule that all parties have been satisfied. This is so because small claims court is specifically designed to return all parties to an equal basis without blabby lawyers.
In most states, liens on property are genarally good for 10 years, but can only be filed AFTER a judgement has been rendered for the plaintif, Mr. Dozerman. I seriously doubt any judge would rule in his favor because his added charges are unreasonable and he can't support them with proper documentation.

I've done my share of small claims, mostly because people would not pay me after work had been done. It had nothing to do with quality of work; I was too much a Mr. Nice Guy and let the people have their vehicles back with a promise to pay that never came.
Some observations on small claims court:
1) The guy with the most documentation usually wins.
2) Judges deal only in hard justifiable facts.
3) Emotions and feelings don't count.
4) Judges handle many cases. See item 1 above.
5) Only judgements are rendered. Payment is another matter entirely.
6) Filing a judgement lien costs money.
7) Judges don't like BS. He who talks the most fails to win.

Suprisingly, I never lost a case in small claims court. Collecting on them was usually an exercise in frustration though. One case in particular really upset me because the judge wished me good luck on getting paid after ruling in my favor. The other guy laughed all the way out the door. So, I went down the hall and filed a lien on his property. Nothing happend for about 4 years--until he sold his property. The escrow company paid me for my original judgement plus 4 years reasonable interest and all court costs before the property sale could be completed. The guy called me everything in the book over that one! Patience has its rewards!
When I sold my business, I took my file of unpaid judgements and made a visit to the restroom....the rest you can figure out for yourselves! Satisfaction comes in many forms! Good luck, Mike.