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Randomly selected Overruns on Contract?

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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.
 


S

seniorjudge

Guest
AnotherAngryGal said:
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.
No, the guy cannot pick numbers at random after the work is done. He has to be able to prove his figures. As for the idea of you letting him get a lien on your real estate, my question to you would be: And what if he decides to foreclose on that lien?

In any event, mediation may very well be an excellent idea on your part. Contact your state bar to find mediators in the county where the real estate is located.
 

AnotherAngryGal

Junior Member
No lien in Massachusetts for landscappers

I did a little legal research and he can't get a lien in this Commonwealth. Also - his time is run even if he could get a lien. Plus he would have to perfect it by filing suit in time but I don't think he will or can legally do it. By the time he figures out how much it will cost him to hire cousnel he may be more willing to accept a compromise. I've paid 70K on this contract already and offered him 10K more to go away but he wants 25K on TOP of what his subK wants (see below).

I asked the landscapper for evidence for the cost overruns and he simply made up some wacked numbers according to our landscape architect and a second contracter he consulted. He claims the excvation alone (which he had contracted for at 6K) turned out to be 38K which is impossible as it was only 4 more days of digging than he thought & the cubic yards never changed. Obviously the additional footage for the "top" of the wall (at 6K more) is total B.S. but the guy keeps harping on this. He's in the biz and all walls have a top if he failed to include this in his estimate it is on HIM - the crook!

Now the landscapper is angry and called me names so I am waiting to see what he does. (I have not yet called him names to his face.)

I also got a bill for twice the sum he said his subcontracter on the waterfeature was charging him. I never had a contract with that guy and only paid him what my landscapper said he was charging him ($3,800). They may both sue me but I am ready for them.

I am embarrassed to admit I am a lawyer but I don't do this kind of law and really know nothing about it. Thanks for the advice! Any further suggestions would be very welcome.
 

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