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Home > Law > Other Law   »   Contractor Dispute

 
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Old Feb 23, 2008, 12:34 PM
Jonathan0996
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Contractor Dispute

I just had a contractor replace my sewer lateral. The damage was to a pipe that ran under the street and turned downward about 17-18 feet below the street, where it connected with an undamaged sewer main. The county insisted that it was my responsibility.

After soliciting several bids, I got a bid for $5,600 to repair the lateral "at the main line." Several days into the job, the contractor said the damage extended deeper than he thought and asked me to sign a revised bid for $12,500, plus or minus 15 percent.

I reluctantly signed, since the hole was in the street and the county wanted me to finish the job now and haggle later. They completed the job several days later.

I just got a statement for $17,600 and I'm flabbergasted.

Can anyone tell me if I have cause to dispute this? I want to be fair about this, but I wonder what's the point of soliciting bids if the final cost can be more than 300 percent of the bid amount. Do you just write a blank check when you work with a contractor?

Any insight would be appreciated. Thanks.

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Old Feb 23, 2008, 04:48 PM   #2  
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It appears to me that your maximum liability is $14,375 ($12,500 x 1.15%). I have not read what you signed. Don't pay more than $12,500 until you have a complete explanation. If you are sued, pay any additional amounts into the registry of the court until a judge resolves the issues.

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Old Feb 24, 2008, 03:48 AM   #3  
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Hello J:

Dispute??? No need to have a scene over it. Just send the $14K and change, but not a penny more. Tell him if he doesn't like it to sue. He may, but with the agreement in your hot little hand, he'll lose. Done deal.

excon

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Old Feb 24, 2008, 10:29 AM   #4  
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As long as the $ 12,500 was clearly stipulated as the new total price for all work, the max should be the $ 14,375. Normally, with work determined by bids, the contractor would request a change order for unanticipated conditions. The change order amount is usually added to the original bid amount. Hopefully, the contract clearly indicated the $ 12,500 (+ or minus 15%) was the new total price. Also, it would be a 214% increase I believe.
I am not a contractor but I was involved with contractors building State roads and bridges.
There are many unknowns, especially 17 feet deep. Underground springs, sheeting and shoring (which should have been in orig bid), having to work around other utilities, bad soil just to name a few. But, if the $ 12,500 (+/- 15%) was clearly specified as the new total price, that's what you should pay. If he had other problems he should have come back for a revised amount and it appears he didnt.
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Old Feb 24, 2008, 05:30 PM   #5  
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Thanks for everyone's insight on this. You confirmed what I was thinking.

I don't know if there's any way to show that the city or county has some responsibility here, since the entire project was off my property and under the street. The city and county have been spectacularly unhelpful with this, and refused to share any of the cost.

Just wondering.
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Old Feb 24, 2008, 06:21 PM   #6  
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Jonathan: "I don't know if there's any way to show that the city or county has some responsibility here, since the entire project was off my property and under the street."
It is my understanding that the owner is responsible up to the connection to the sewer main. Similarly, the owner is responsible up to the water meter or gas meter or electrical meter, if that makes sense.
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Old Feb 25, 2008, 06:59 AM   #7  
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You should be able to find specifications and or policy for maintenance of sewer lines under your city or county department of public works site. At least one that I randomly looked at made reference to problems on or off the property. But the specs for your city or county are the only ones that apply. If not on a website, your library might have the code.
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