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Home > Law > Small Claims   »   What are my rights to dispute a contractor's invoice?

 
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Old Jul 3, 2008, 11:47 AM
akliluzeleke
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What are my rights to dispute a contractor's invoice?

Hi:

I recently hired an independent contracotr to replace a bathroom door. He gave me an oral estimate for the work between $250 - $300. His also told me that hsi labor cost is $30-$35 an hour. On the day he installed the door, he brought an assistant and they worked for about three hours. fter they finsih work, he told me he will send me an invoice.

The next day I received the invoice. It stated a 6 hour job for a total labor coast of $195. The total copst including labor ad mateiral became $440, way above the initial estimate.

When I called and talked to him about the 6 hour charge, he claimed that both persons worked for 3 hours each making it a total of 6 hours. He also said that had he worked on
the project alone it would have taken him 6 hours.

I don't buy this argument. I am willing to pay him only for the 3 hours they spent on the job. What are my options here? Any advice is appreciated.

Thanks

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Old Jul 3, 2008, 12:34 PM   #2  
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This is an unfortunate situation. You and your contractor should have agreed on a form of dispute resolution before construction began. The agreed upon dispute resolution system should also be included in your contract. Dispute Resolution most often utilizes arbitration or mediation to solve differences that may arise during or after your project. If possible, arbitration or mediation is a cost effective and efficient alternative to the legal system.

Work to resolve this issue as effectively as possible. Putting this off could lead to what is called, " A Mechanics Lien" against the property.

Understanding your frustration, Possibly try "meeting in the middle".

Good-Luck.
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Old Jul 3, 2008, 12:49 PM   #3  
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Apparently there was no written contract so the oral agreement prevails. The question is whose side of the story will be believed. The dispute is over the $ 90 difference in methods of computing labor cost (he says 195, you say 105). A judge will say that assuming "his quoted labor cost" could include two workers for $ 35 an hour (for both), is not realistic.
Without a contract price, the project essentially becomes a cost-plus or time and materials arrangement. He would be entitled to reimbursement for the actual labor cost (including additives), plus the actual cost of materials plus a mark-up for profit.
Without a written contract, I would recommend making him an offer of $ 390 (300 estimate plus 90 labor amount dispute). He should have notified you before going 47% over the estimate he gave you. If he is licensed he might be willing to bargain or if he is unlicensed he may also be concerned. I don't think you have enough documentation to go to court.
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