Plumber is demanding money.. need advice

[qazz11]

What is the name of your state? Texas

I own a restaurant in Dallas. Last week the health department discovered that I need to install a certain pipe on the soda machine. I then called a plumber and asked him to check the machine for me, and see if the pipe is already installed. The plumber said there was no pipe and proceeded to install a brand new one for the machine.
But after a few days, the representative from Coke informed me that I do have the pipe, it's just on the bottom of the machine and out of the view. Now I am refusing to pay the plumber and asking him to take the pipe back. But he states that the pipe is not usable anymore after its already installed. I believe I don't have to pay him since I have asked him to check to see if there is a pipe before installation. Now he is sueing me, can I win?

 

[BSJM]

Pay him

In my non-legal opinion, I'd say that you owe him at least him minimum service call fee. I work for a plumbing/mechanical company here in Ca. and our labor rate is $110.00/hr with a 1 hour minimum. I would offer to pay him for 1 hour of his time and that's it. If you asked for the pipe to be replaced, then you should pay the whole thing. If you never approved the repair, then you should only be liable for 1 hour of his time, or whatever his minimum is. Don't screw him all together or else you will pay much more if it goes to court. If you think he's cheating you, then threaten that if he takes you to court, then you will file a complaint with the BBB or any other agencies that apply.

 

[qazz11]

I would gladly pay if its only $110....But there is no hourly fee, the pipe is $850. If it was cheaper I would let it go, but this is such a waste since I already have the pipe.

 

[BSJM]

Did he explain what needed to be done and then offer a price to do it, either in writing or verbally? If you agreed to a price, then you probably should pay him. Otherwise, I'd say you'd have a 50/50 chance in court trying to convice the judge that the repair was unnecessary and he was committing fraud. Your case would depend on the testimony of the Coke representative. At best I think the judge would split the cost you should pay somewhere in the middle. I'd still offer him whatever his hourly rate is and pay him for 1 hour of his time and no more. This assumes you didn't agree to a repair before hand.