OMG please help!

[coloradomommy]

What is the name of your state (only U.S. law)? Colorado


I need to know something. I just had some electrical work done. The estimate was 1600$ for the job. I just got the bill and it is 3700$. I never got the estimate in writing, but i did sign up for payment arrangements, and on the arrangement, i agreed to pay the 1600 in monthly installments of 133$ for 12 months.

Apparently the electricians who did the estimate didn't include materials in the estimate, and didn't tell us that. He said "that is for everything"

the dude was 2 hours late to do the estimate, and didn't even call to set up the appointment to start the work until he was on the way to do it.."i will be there in an hour" is what he said.

I didn't sign anything to add extra charges, and i didn't even know until i recieved the bill today.

can i take this to small claims court? what happens with my payment now?

 

[Proserpina]

What is the name of your state (only U.S. law)? Colorado


I need to know something. I just had some electrical work done. The estimate was 1600$ for the job. I just got the bill and it is 3700$. I never got the estimate in writing, but i did sign up for payment arrangements, and on the arrangement, i agreed to pay the 1600 in monthly installments of 133$ for 12 months.

Apparently the electricians who did the estimate didn't include materials in the estimate, and didn't tell us that. He said "that is for everything"

the dude was 2 hours late to do the estimate, and didn't even call to set up the appointment to start the work until he was on the way to do it.."i will be there in an hour" is what he said.

I didn't sign anything to add extra charges, and i didn't even know until i recieved the bill today.

can i take this to small claims court? what happens with my payment now?

Small claims court for....what?

 

[coloradomommy]

since they charged us over 2X what the bid was..so I won't have to pay that much more than what the bid was. isn't it illegal to tell me that they are charging 1600 and then bill me for 3700. i don't want my credit screwed up because of this.

 

[Proserpina]

since they charged us over 2X what the bid was..so I won't have to pay that much more than what the bid was. isn't it illegal to tell me that they are charging 1600 and then bill me for 3700. i don't want my credit screwed up because of this.

No...because it's an "estimate". In other words, it's a guess on how much the job will cost. If the job costs more, they have the right to charge you more.

Worse for you is that you had nothing in writing.

You can choose to pay what you agreed and let the contractor sue you for the remainder; but that can backfire on you pretty fast.

 

[coloradomommy]

shouldn't there be some sort of notice given to someone when the expenses go over what the estimate is, I mean I totally expected it to be maybe 500 more or less. but over 2000$ more. there is something wrong. there has to be some sort of protection for the homeowner in this sort of situation.Or every contractor could just start bidding jobs 2000$ less than they expect the costs to be.

Also what happens to my payment arrangement now? I agreed to the 133$ a month because that is what I can afford. I would be ok with paying that for twice as long, but I can't possibly afford to pay more than that per month. My budget won't allow it.

 

[Proserpina]

shouldn't there be some sort of notice given to someone when the expenses go over what the estimate is, I mean I totally expected it to be maybe 500 more or less. but over 2000$ more. there is something wrong. there has to be some sort of protection for the homeowner in this sort of situation.Or every contractor could just start bidding jobs 2000$ less than they expect the costs to be.

Also what happens to my payment arrangement now? I agreed to the 133$ a month because that is what I can afford. I would be ok with paying that for twice as long, but I can't possibly afford to pay more than that per month. My budget won't allow it.

The protection comes in the form of a written estimate or contract, itemizing the cost of labor, materials, equipment etc.


The fact the homeowner didn't bother with this is what usually sinks the homeowner.

 

[coloradomommy]

They are supposed to be sending me a copy of the estimate to my email. I haven't recieved it yet. Once I do, will that give me any help?

 

[latigo]

I’m sure you don’t need to be reminded of how foolishly it was for you to engage the work without the total cost to you quoted and agreed upon. About the only greater mistake would have been to give the guy a blank check before he even started the project.

Nevertheless, with no fixed price the contractor is only entitled to the reasonable value of the labor and material furnished.

But why you are still talking about an “estimate” now that the project is completed is most puzzling.

 

[tranquility]

I'm thinking the contractor has a problem under:
6-1-105. Deceptive trade practices.

C.R.S. 6-1-105((1)(m))

(m) Fails to deliver to the customer at the time of an installment sale of goods or services a written order, contract, or receipt setting forth the name and address of the seller, the name and address of the organization which he represents, and all of the terms and conditions of the sale, including a description of the goods or services, stated in readable, clear, and unambiguous language;

But then, that's me.

 

[coloradomommy]

I’m sure you don’t need to be reminded of how foolishly it was for you to engage the work without the total cost to you quoted and agreed upon. About the only greater mistake would have been to give the guy a blank check before he even started the project.

Nevertheless, with no fixed price the contractor is only entitled to the reasonable value of the labor and material furnished.

But why you are still talking about an “estimate” now that the project is completed is most puzzling.

see i thought we had an agreement.when i asked him how much it would cost, he told me (over the phone) 1600$. when i filled out the credit app, the amount financed question, i put in 1600$ at 133 a month per estimate..upon completion..they accepted my payment plan.so they knew that was what he had estimated to complete the work. I get the bill today and it's 3700$. I was very suprised. They should have told me at the least that it was going to be more, and I would prefer to have something in writing to tell me how much more before they completed the work. I asked for an itemized bill, but i got a work order with scribbles and abriviations that i can't even read. I am still waiting on a copy of the original bid he did.

 

[justalayman]

was the contractor licensed? Was the electrician that did the work licensed?

If the contractor and the electrician are not licensed, that also give you some ammunition.

 

[coloradomommy]

yes they are licensed. i didn't want my house to burn down or something. they did hook my dryer back up (existing wiring) without telling me it was dangerous, and wasn't grounded, and when the inspector came failed the inspection because of that. They never even told me that it needed to be rewired when they hooked it back up. so i have a failed inspection as well.

 

[coloradomommy]

I'm thinking the contractor has a problem under:
6-1-105. Deceptive trade practices.

C.R.S. 6-1-105((1)(m))


But then, that's me.

thanks that might help~

 

[latigo]

I'm thinking the contractor has a problem under:
6-1-105. Deceptive trade practices. C.R.S. 6-1-105((1)(m)

But do you know of any authority to the effect that Colorado’s Consumer Protection Act applies to a contractor-principal relationship?

I personally think one would have difficulty in making a convincing argument that this arrangement between the homeowner and the builder for the furnishing of labor and material in a construction project amounted to “an installment sale of goods and services”?

Or that either of the terms “customer”, “sale”, seller”, ”description of goods” as they appear in CRS Section 6-1-105 (1)(m) are applicable.

 

[tranquility]

I believe the terms are commonly used. Do you have anything to say the clear meaning of the statute do not apply?

But do you know of any authority to the effect that Colorado’s Consumer Protection Act applies to a contractor-principal relationship?

Herman v. Steamboat Springs, 634 P.2d 1005 (1981)
634 P.2d 1005 - Google Scholar

The court said the act did not apply because the required estimate was supplied.

I personally think one would have difficulty in making a convincing argument that this arrangement between the homeowner and the builder for the furnishing of labor and material in a construction project amounted to “an installment sale of goods and services”?

Really? How can we possibly define such a phrase if it would not apply to:

I never got the estimate in writing, but i did sign up for payment arrangements, and on the arrangement, i agreed to pay the 1600 in monthly installments of 133$ for 12 months.

Seems like my understanding of an installment sale. What's yours?

Apparently the electricians who did the estimate didn't include materials in the estimate, and didn't tell us that. He said "that is for everything"

Seems like BOTH goods and services to me. What's it seem like to you?

There's always two sides to every question. And, I'm sure there's one here as well. It doesn't seem like you've come up with a valid one. Maybe you could try again. I'd look more towards the actual facts as the OP seems a bit fuzzy on them. Is he complaining he didn't get the changes in writing or didn't get the original in writing? What are his damages? Etc.

I don't really think the OP has made out a valid complaint as yet. It's just that he deserves a written copy of the contract up front. My understanding he did not get one and a verbal representation wildly changed without explanation of the difficulties discovered. That's why the contract matters. What was the deal?

Info edit:
Here is the actual difficulty. (From the annotated code.)

To prove a private cause of action under the Colorado Consumer Protection Act (CCPA), a plaintiff must show that: (1) The defendant engaged in an unfair or deceptive trade practice; (2) the challenged practice occurred in the course of defendant's business, vocation, or occupation; (3) it significantly impacts the public as actual or potential consumers of the defendant's goods, services, or property; (4) the plaintiff suffered injury in fact to a legally protected interest; and (5) the challenged practice caused the plaintiff's injury. Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003); Nobody in Particular Presents, Inc. v. Clear Channel Commc'ns, Inc., 311 F. Supp. 2d (D. Colo. 2004).