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contractor going way over estimate

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paterson

Junior Member
Alberta, Canada

I called a local electrician over for a quote for doing the electrical in my basement. We talked about where I wanted to run speaker wire, where I wanted outlets, putting a light on a pull chain in the future furnace room, where I wanted the GI outlet in the future washroom, etc. At the end of the discussion he said: "for about $1200 I can do pretty much anything you want down here". He continued to state how he just did a similar job, a little bit bigger, for $1400. I said future for furnace room and washroom because at the time the framing for it was not completed, but he said he could just come back and do those when we finished it. He told me the job should only take a day or two.

Well we started the job and he only spent a couple hours every other day working on my basement. Mostly taking smoke breaks and chatting on his cell phone. A good month or two went by, and after repeat trips of him coming back I asked him to bring over an up-to-date invoice for the work completed so far, so that we could make sure we were still on track for the $1200 estimate. He said yeah he was working on it, and we were a little over but not to worry it was nothing major.

The following week he came by and was finishing up some more things he forgot before we talked about the invoice. As he was finishing up he said "lets go talk about this invoice now" and we proceeded up the stairs. He stopped, turned around, pointed at me, and said "and you're lucky I even came back and finished this job knowing that you weren't going to be happy with the price. I'm being the bigger man here." Note the job wasn't even finished as far as I was concerned, and I didn't know the price at that time. He then went outside and called me out to talk about it. He showed me the invoice of $2600+ and said that I had way more requests than what was included. He said he stated that he told me the estimate was $1200-$2000 for a rough-in. Which is apparently just the basics, and he charged me for everything extra. Not once did he tell me rough-in. He then went on to say that this $2600 quote was after he took off a ton of labor and stuff like that.

I told him he was lying, because he did not say that to me. He took that personally and told me if I don't pay the invoice in 5 days he was going to lien my house and wreck my credit. He then drove away angrily leaving tools and supplies behind.

Shortly after I wrote him a registered letter stating what our contractual agreement was, and how he committed unfair practices. He called me after receiving the letter and started to discuss the invoice and tried convincing me to pay it. I outlined the following unfair practices, as in Alberta's Fair Trade Act: http://www.qp.gov.ab.ca/Documents/acts/F02.CFM
Quote:
(e) to charge a price for goods or services that is more than 10%, to a maximum of $100, higher than the estimate given for those goods or services unless

(i) the consumer has expressly consented to the higher price before the goods or services are supplied, or

(ii) if the consumer requires additional or different goods and services, the consumer and the supplier agree to amend the estimate in a consumer agreement;

(f) to charge a fee for an estimate for goods or services unless the consumer

(i) is informed in advance that a fee will be charged and informed of the amount of the fee, and

(ii) has expressly consented to be charged the fee.
(t.1) a supplier_s representation regarding an agreement for continuing provision of services if the supplier fails to provide prominent and full disclosure of the details of the agreement, including duration, changes in price, renewals, extensions or amendments, or if the supplier fails to obtain the consumer_s express consent to renewals, extensions or amendments of the agreement;

(u) a supplier_s giving an estimate of the price of goods or services if the goods or services cannot be provided for that price;

(v) a supplier_s representation of the price of goods or services in such a way that a consumer might reasonably believe that the price refers to a larger package of goods or services than is the case;
During the conversation, he told me he was going to get his copy of the hours he performed and call me back right away. I received no call. The following week I received a letter from him, similar in nature to the one I sent. Although it didn't make much sense, it pretty much outlined what I said. Then at the end it said they want the full price (which they never told me what it was before) of $3600+ for the services. Then it said they will be place a lien on my property shortly.

I have not yet paid any money to him. What should I do? Do I have to pay him, then take him to court. Or can I take him to court over it before paying it? Do I have a case?

First, he never once told me that "this was extra" and "that was extra".
Secondly, he never once told me that this was just a basic rough-in.
Third, he did not even wire the stuff into the power box, or install outlets. He simply drilled holes and ran wires. I was under the impression that the estimate included this.

There are other small things which he did, such as charging for an entire box of speaker wire, when he didn't use it all. I asked him if I should get the speaker wire myself (since I can get it cheap) or does he have some. He said he usually gets it for the consumer. Later I found out he charged me for a whole box, and he charged me "Home Depot" retail prices, when in fact he didn't even purchase it from Home Depot.
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outonbail

Senior Member
Sorry for your problem. But I would say it is possible that you don't read contracts and follow instructions very well and this may be why you find yourself in this situation with your contractor.

I'm sure it's why you have made the mistake of posting your legal problem here, because if you read, understood and followed instructions very well at all, you wouldn't have posted your problem on a site that clearly states US LAW ONLY! and requires you to include the name of your state.

But thanks for joining the site and be sure to recommend it to all of your American friends. :D
 

paterson

Junior Member
Sorry for your problem. But I would say it is possible that you don't read contracts and follow instructions very well and this may be why you find yourself in this situation with your contractor.

I'm sure it's why you have made the mistake of posting your legal problem here, because if you read, understood and followed instructions very well at all, you wouldn't have posted your problem on a site that clearly states US LAW ONLY! and requires you to include the name of your state.

But thanks for joining the site and be sure to recommend it to all of your American friends. :D
Thanks for your advice. We did not have a written contract for the work to be completed. And I did read the instructions and understand it says US Law, but I was just hoping someone would chime in with some advice. After all, I would all legal advice given online with a grain of salt.
 

justalayman

Senior Member
it's not just a matter of taking it with a grain of salt, it is because you'all have your own laws which are not neccessarily anything like US law.

Unless there is somebody here that knows Canadian law or has access to it, anything else is nothing more than suggestions.
 

outonbail

Senior Member
Suggestions are fine. I'm not looking for law advice as much as I am looking for advice in general.
General advice I can give!
Treat others as you yourself want to be treated. Don't judge a book by it's cover. Don't litter. Don't believe anything you hear and only half what you see. Don't take advice from someone who agrees with everything you say and do, Don't smoke, do illegal drugs or drink to excess. Never break two laws at the same time. Always remove your ski mask before entering a bank. If you have to ask her how old she is, she's too young. If you can't support yourself you have no right making a babies. Educating an idiot usually results in an educated idiot. Street smarts best serve those who plan on living in the streets. Don't let school get in the way of your education. If you don't know how to swim, stay out of the water. Gambling and playing the state lottery is for people who are bad at math, If it looks like a duck, quacks like a duck, flies like a duck and swims like a duck, chances are it's a duck. If you are offended by a program on television, change the channel. Blaming guns for crime is like blaming spoons for being fat. Nothing is confidential.
NEVER HIRE ANY PERSON OR COMPANY TO PERFORM MAJOR REPAIRS, COMPLETE HOME IMPROVEMENTS, DO REMODELING OR BUILD ADDITIONS TO YOUR HOME WITHOUT FIRST RECEIVING A WRITTEN CONTRACT WHICH LISTS ALL THE DETAILS WHICH WERE AGREED TO ORALLY BETWEEN ALL PARTIES!
 

paterson

Junior Member
NEVER HIRE ANY PERSON OR COMPANY TO PERFORM MAJOR REPAIRS, COMPLETE HOME IMPROVEMENTS, DO REMODELING OR BUILD ADDITIONS TO YOUR HOME WITHOUT FIRST RECEIVING A WRITTEN CONTRACT WHICH LISTS ALL THE DETAILS WHICH WERE AGREED TO ORALLY BETWEEN ALL PARTIES!
Brilliant advice. For next time.
 

CourtClerk

Senior Member
General advice I can give!
Treat others as you yourself want to be treated. Don't judge a book by it's cover. Don't litter. Don't believe anything you hear and only half what you see. Don't take advice from someone who agrees with everything you say and do, Don't smoke, do illegal drugs or drink to excess. Never break two laws at the same time. Always remove your ski mask before entering a bank. If you have to ask her how old she is, she's too young. If you can't support yourself you have no right making a babies. Educating an idiot usually results in an educated idiot. Street smarts best serve those who plan on living in the streets. Don't let school get in the way of your education. If you don't know how to swim, stay out of the water. Gambling and playing the state lottery is for people who are bad at math, If it looks like a duck, quacks like a duck, flies like a duck and swims like a duck, chances are it's a duck. If you are offended by a program on television, change the channel. Blaming guns for crime is like blaming spoons for being fat. Nothing is confidential.
NEVER HIRE ANY PERSON OR COMPANY TO PERFORM MAJOR REPAIRS, COMPLETE HOME IMPROVEMENTS, DO REMODELING OR BUILD ADDITIONS TO YOUR HOME WITHOUT FIRST RECEIVING A WRITTEN CONTRACT WHICH LISTS ALL THE DETAILS WHICH WERE AGREED TO ORALLY BETWEEN ALL PARTIES!
Outonbail...you are on a roll today.. however, you forgot look both ways before crossing the street. :D
 

outonbail

Senior Member
Outonbail...you are on a roll today.. however, you forgot look both ways before crossing the street. :D
I forgot about that one years ago, when I moved to California, where the pedestrian is king!
I kind of miss NY & NJ though, where the pedestrian is a moving target,,, until that first vehicle makes contact anyway. :D
 

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