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  1. #1
    cwford Guest

    Angry Contractor estimate and overcharge - binding?

    Hi guys. I'd really appreciate some advice here.


    1. I called a local residential fence contractor to give me an estimate for building a fence around my back yard.
    2. Representative of the company came and gave me the two estimates I requested. Job A included a wrought-iron gate across the driveway and was estimated at $5,280. Job B was the same job minus the gate and about 60' of extra fence along one side of my property. Estimate for Job B was $1,990.
    3. The rep left me a written copy of his estimate, including drawings of both jobs.
    4. I called the company the next day and requested they start construction on Job B. I spoke with the same rep who was at my house the previous day.
    5. Construction starts. According to my wife, the rep visits our house twice during construction of the fence to meet with the folks actually doing the building.
    6. Fence is completed in about a week, looks great.
    7. 3 days after the fence is done, I get a bill for $3,400.
    8. I call the rep and ask why I am being billed for this amount when we agreed to $1,990? He says, "My mistake, they billed you for the wrong job. I'll take care of it."
    9. The next day, I get a call from the rep who says, "I have to eat a little crow here. We billed you for the right job, I just didn't calculate your estimate correctly. I charged you for your fence, but not for any of the gates or picket fence under the carport. All of that stuff is the difference between the $1,990 and the $3,400 you are billed for. But, since I realize this is my mistake, I'm willing to only charge you for the cost of my material and labor on the extra parts, which comes out to $798."

    Where do I stand legally? I'm located in the state of Louisiana.

    Am I oblidged to pay the extra $798?

    Please let me know your opinions!

  2. #2
    loku Guest
    Iím sorry, but Louisiana law is significantly different than the law of the other states, so I can not presume to give you Louisiana law; however, in the rest of the states, and probably in Louisiana, you would not have to pay the extra money. The mistake was made by the rep is binding on the company. They promised you a job at a specific price, and that is what they are bound to deliver. They can not claim a higher price based on their unilateral mistake.

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