Billed for extra concrete

[tnvenom]

What is the name of your state? TN
I had an inground pool installed this year, which turned out to ba long drawn out hassle. Anyway it was a package deal which included so much concrete to go around the pool (walkway) and diving board. I informed the pool company that I was going to need some extra concrete for a small patio. They said sure no problem. On several occasions I asked for an estimate on the cost, I was always told don't worry about it, we will take care of it later. Even the day they poured the concrete I was told this. I even asked the guy forming the concrete who had contracted the work through the pool company because I didn't know if I need to go through him to get the extra concrete. He had no idea but did tell me that the pea gravel concrete was $1.50/sq foot. So I never got an estimate and never signed anything for the extra concrete. They went ahead and poured what I needed. Two months later they bill me for $2400 for the extra concrete at $4/sq foot. I was assuming the cost would be around $500 but I have no idea of the cost of these types of things. I would not have gotten the extra concrete if I had known how much it was going to cost. I never signed anything for the extra concrete and was never given a cost or an estimate on it. I feel like this is wrong and unreasonable and want to know what my rights are and what I am responsible to pay for? Please help-thanks

 

[commonsense]

dumb

You made the mistake when you accepted delivery of the product without insisting on a written price.

I'm amazed that your have the resources to build something as costly as this, yet not enough sense to secure an agreement on the cost.

If you want to try a legal way of weasling out of your own stupidity, return their invoice with a check for what you think you should pay, cross out their price, and be sure to write PAID IN FULL in the memo portion of your check. IF they cash it, you'll at least have some semblence of a defense when they sue you for the remainder.

 

[tnvenom]

Sorry Mr. Commonsense

My condolences on the death of your puppy, Mr Commonsense, things will be better tomorrow. Now if anybody can help me without insulting me that would be greatly appreciated. Some points of clarification for Mr. Commonsense.
1. I signed a contract for the construction of the pool which included the concrete around the pool as a package deal at a set price.
2. I did not accept delivery of the concrete or ever signed anything for the concrete.
Thanks for anyhelp in advance-Dwight

 

[commonsense]

make up your mind

You say you informed the company you wanted additional cement. They agreed to supply it. You let them pour it. Taht's accepting delivery you inbred hick.

You don't have to sign anything to have a contract. What you have to have is a meeting of the minds (helps if you have one that works first).

You have a verbal contract with them, albiet a poor one. If a judge were to rule the contract invaild because price was not discussed, you will still have to pay for it. You accepted and received benefit of their service, and they are entitled to compensation. If they can show they are charging you market price, they'll get it.

So cry all you want moron and don't pay 'em. Wait and see if they take you to court. Seems like a typical redneck thing to do instead of living up to your obligations and admitting you screwed yourself.

 

[tnvenom]

Rest in Peace "Lil Hitler"

I see we're still stinging from the death of our puppy. You have my deepest sympathy. RIP "Lil Hitler"

In that case Mr. Lawschool Dropout riddle me this, I have more of a verbal agreement with the concrete guy than I do with the pool company. I feel like he should be the one to bill me. He poured what was included in the pool contract for the pool company and poured the extra for me. Since I spoke to him as weel about it, shouldn't that count as a verbal agreement with him and he should be the one to bill me?

This would go alot smoother if you would drop the insults, I do appreciate the information though-Thanks "Your Inbred Hick"

Have a nice day

 

[divgradcurl]

Look, commonsense is right. You should have demanded an accounting _before_ you took possession of the concrete.

"I have more of a verbal agreement with the concrete guy than I do with the pool company. I feel like he should be the one to bill me."

Why do you say this? In your original post, you noted that you arranged with the pool company for the extra concrete. Did the subcontractor (the concrete guy) bill you for anything directly, or was he paid by the primary contractor (the pool company)? How did the concrete guy know to bring enough extra concrete for your patio -- if the pool company asked him to bring the extra concrete, that sure seems like the contract is between the pool company and the concrete company.

Now, maybe if you had gone to the concrete guy and asked him to bring the extra concrete on the side without bringing the pool company into it, then maybe you would have a seperate contract, but not according to the facts as you give them.

"Since I spoke to him as weel about it, shouldn't that count as a verbal agreement with him and he should be the one to bill me?"

You already had a contract for the extra concrete with the pool people. Just because you talked with the subcontractor does not mean that the original contract was overridden or modified.

" Two months later they bill me for $2400 for the extra concrete at $4/sq foot. I was assuming the cost would be around $500 but I have no idea of the cost of these types of things. I would not have gotten the extra concrete if I had known how much it was going to cost."

Again, as commonsense pointed out in his first port, you should have demanded an estimate or accounting before having the concrete poured.