What is the name of your state (only U.S. law)? Florida
Our church had a paving company pave our parking lot this winter. We were able to do all the site work ourselves and just hired out the grading and paving. The company dragged their feet for two months and we eventually asked for a written contract designating liquidated damages for every day beyond the due date. We received an emailed statement from the company stating they would do the paving job for XX amount of dollars, due on a certain date, with $250 daily liquidated damages. They completed the job on Jan. 12. When we received an itemized invoice they did not deduct any for liquidated damages and added an extra $3,000 for extra asphalt. There was a section of the parking lot that required thicker asphalt. I called and disputed the two items and they sent a second invoice reflecting $1,250 liquidated damages but still insisted on the extra charge.
I explained to them that the extra asphalt is in the blueprints, was discussed numerous times when they were out looking at the job, and was not something added to the job after the quote. After a week of arguing back and forth they finally took the charge off but then sent a third invoice adding in an extra charge for two small islands that we eliminated. The two islands on the blueprints but we eliminated them and just paved that very small area. Again, that was not specified in any job description, was a verbal agreement, and was something we planned to do a long time before we contracted with them. They never listed those extra islands in the previous two invoices; they only added it when they took the extra asphalt charge off. The two charges simply offset each other, so they're still charging us the extra $3,000 but just calling it something different.
The question is are we legally bound for that $3,000? They have already sent a letter threatening to place a construction lien on the property even though the invoice says we have 30 days to pay and we are not 30 days yet. Also, they have left three spaces without stripes so they actually haven't even finished the job. What we want to do is send them a check for the initial contract minus the liquidated damages and memo it payment in full per contract. Can anyone help us with what our legal standing is on this?
Our church had a paving company pave our parking lot this winter. We were able to do all the site work ourselves and just hired out the grading and paving. The company dragged their feet for two months and we eventually asked for a written contract designating liquidated damages for every day beyond the due date. We received an emailed statement from the company stating they would do the paving job for XX amount of dollars, due on a certain date, with $250 daily liquidated damages. They completed the job on Jan. 12. When we received an itemized invoice they did not deduct any for liquidated damages and added an extra $3,000 for extra asphalt. There was a section of the parking lot that required thicker asphalt. I called and disputed the two items and they sent a second invoice reflecting $1,250 liquidated damages but still insisted on the extra charge.
I explained to them that the extra asphalt is in the blueprints, was discussed numerous times when they were out looking at the job, and was not something added to the job after the quote. After a week of arguing back and forth they finally took the charge off but then sent a third invoice adding in an extra charge for two small islands that we eliminated. The two islands on the blueprints but we eliminated them and just paved that very small area. Again, that was not specified in any job description, was a verbal agreement, and was something we planned to do a long time before we contracted with them. They never listed those extra islands in the previous two invoices; they only added it when they took the extra asphalt charge off. The two charges simply offset each other, so they're still charging us the extra $3,000 but just calling it something different.
The question is are we legally bound for that $3,000? They have already sent a letter threatening to place a construction lien on the property even though the invoice says we have 30 days to pay and we are not 30 days yet. Also, they have left three spaces without stripes so they actually haven't even finished the job. What we want to do is send them a check for the initial contract minus the liquidated damages and memo it payment in full per contract. Can anyone help us with what our legal standing is on this?
