AnotherAngryGal
Junior Member
I am in Massachusetts. Sorry if this is too detailed:
In March I signed a contract for just under $60,000 to replace a retaining wall, construct a waterfeature, build a terrace, etc. All specifications and drawings were provided by my landscape architect. I also had a topographical survey done so that none of the specs should have come as a surprise. Landscaper did run into some "soft ledge" and told me it would cost $110/per hour more. This took about 44 hours - to which I agreed to pay. But then he claimed that the "whole excavation cost" a bunch more money - etc. and etc. and we should actually pay more than $250 and hour for two "machine hours". (I've since asked to see his claimed costs.) When he came back and told me he had undercalculated the Sq.Ft. for the parking pad (we're having pavers put in) I said I'd pay the extra $6,000 for that and I will pay it although technically I think it's his cost to eat.
Landscaper also claims I owe about $98,000 in total because he did not calculate that the wall "had a top" and thus, he "underbid" this job. (I rejected this notion and still do - he's in the biz & should know better - what wall doesn't have a top?)
He also wants an extra $1800 because he started the wall at the wrong end before we had the final drawing for the water feature and then he decided he needed to tear-down and rebuild that section of wall to accomodate the feature even though I provided him with drawings showing where the lacation of the feature wold be and reminded him before he began building that my final drawings were not in yet. I've paid him $70,000 so far but am feeling robbed about these so-called extra and unagreed upon "cost overruns." I am willing to pay for the extras I asked for (pea stone in the dog run - a slightly larger H2O feature, etc.) But when he said it cost $1300 for him to edge my wisteria with 11 paving stones I thought he was joking! I never agreed to that price. Also, no - none of the work changes were in writing - all were verbal. Can the guy just pick numbers at random after the work is done? I am half way considering letting him get a lien if he likes as I am unlikely to wish to move any time soon and he is unlikely to be able to perfect his lien without hiring counsel. (He is a corporation and so I think must be represented by counsel.) Then again - perhaps I should just mediate this mess.
Any suggestions?
Thanks.
In March I signed a contract for just under $60,000 to replace a retaining wall, construct a waterfeature, build a terrace, etc. All specifications and drawings were provided by my landscape architect. I also had a topographical survey done so that none of the specs should have come as a surprise. Landscaper did run into some "soft ledge" and told me it would cost $110/per hour more. This took about 44 hours - to which I agreed to pay. But then he claimed that the "whole excavation cost" a bunch more money - etc. and etc. and we should actually pay more than $250 and hour for two "machine hours". (I've since asked to see his claimed costs.) When he came back and told me he had undercalculated the Sq.Ft. for the parking pad (we're having pavers put in) I said I'd pay the extra $6,000 for that and I will pay it although technically I think it's his cost to eat.
Landscaper also claims I owe about $98,000 in total because he did not calculate that the wall "had a top" and thus, he "underbid" this job. (I rejected this notion and still do - he's in the biz & should know better - what wall doesn't have a top?)
He also wants an extra $1800 because he started the wall at the wrong end before we had the final drawing for the water feature and then he decided he needed to tear-down and rebuild that section of wall to accomodate the feature even though I provided him with drawings showing where the lacation of the feature wold be and reminded him before he began building that my final drawings were not in yet. I've paid him $70,000 so far but am feeling robbed about these so-called extra and unagreed upon "cost overruns." I am willing to pay for the extras I asked for (pea stone in the dog run - a slightly larger H2O feature, etc.) But when he said it cost $1300 for him to edge my wisteria with 11 paving stones I thought he was joking! I never agreed to that price. Also, no - none of the work changes were in writing - all were verbal. Can the guy just pick numbers at random after the work is done? I am half way considering letting him get a lien if he likes as I am unlikely to wish to move any time soon and he is unlikely to be able to perfect his lien without hiring counsel. (He is a corporation and so I think must be represented by counsel.) Then again - perhaps I should just mediate this mess.
Any suggestions?
Thanks.