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lougordon
Dec 30, 2008, 03:11 PM
Greetings,
I live in a small town and hired an electrical contractor to put up a yard light. The contractor did not put up the light correctly and never checked it before he left the property. Night came, light did not work.

When I called the owner of the company he said, he was not paid to make sure the light worked, just to put up the fixture. I received the bill 2 days later and the bill was two times higher than quoted. The bill indicated work not actually done and besides the job was a set rate, not time and materials.

I talked to the owner again about the bill, he agreed to send the correct bill for the original amount quoted. I explained I would pay the bill, once I hired someone else to come fix the light. I explained I would deduct it from his original quote. The owner wasn't happy about that, but he said he would speak to the electrician who did the work and come up with a plan.

A couple days later he did send the correct bill and never called me back for a month. Today, I called to speak to him and left a message about my intentions after a month of waiting. He did not call me back, but had his secretary call to say they were coming out. I explained I had already hired someone else to fix the yard light. Once the new electrician left, I called the owner to explain why the light did not work.

I explained it was due to his worker's negligence and I would not pay his entire bill. I did agree to deduct the electrician who corrected the problem and send him the balance. He said he would not pay for someone else's work when he was willing to come fix it. I explained he didn't call me back for a month after several phone calls.

I said I would call BBB and he said go ahead. Turns out, he has other complaints with the same practice.

What can I do to prevent a lien and to make him accountable? I was thinking small claims, but what a pain.

21boat
Dec 30, 2008, 03:55 PM
As a contractor I wouldn't worry about it a lien. Just take his correct bill from first sparky and deduct what the last electrician bill of his off the first correct bill. Write the check explain with letter and send it certified. That's the correct way. BUT he had 30 days to send out an electrician to remedy the problem and no "performance" was completed. I don't know what you signed they day of the first electrician as far as services rendered time etc. But I really doubt its cost effective for the first sparky to lien on you. If you really wanted to reverse it take first sparky to small claims and say you feel at this point you owe nothing because someone else Had to complete his work and see what the J.P. has to say. That way the first sparky can not put a mechanics lean on you and the worst is the sparky in from court would have to take the JP. Decisions to another higher court.

NOTE: Iam not an legal attorney and I'm just giving you my opinion.

JudyKayTee
Dec 30, 2008, 05:36 PM
Greetings,
I live in a small town and hired an electrical contractor to put up a yard light. The contractor did not put up the light correctly and never checked it before he left the property. Night came, light did not work.

When I called the owner of the company he said, he was not paid to make sure the light worked, just to put up the fixture. I received the bill 2 days later and the bill was two times higher than quoted. The bill indicated work not actually done and besides the job was a set rate, not time and materials.

I talked to the owner again about the bill, he agreed to send the correct bill for the original amount quoted. I explained I would pay the bill, once I hired someone else to come fix the light. I explained I would deduct it from his original quote. The owner wasn't happy about that, but he said he would speak to the electrician who did the work and come up with a plan.

A couple days later he did send the correct bill and never called me back for a month. Today, I called to speak to him and left a message about my intentions after a month of waiting. He did not call me back, but had his secretary call to say they were coming out. I explained I had already hired someone else to fix the yard light. Once the new electrician left, I called the owner to explain why the light did not work.

I explained it was due to his worker's negligence and I would not pay his entire bill. I did agree to deduct the electrician who corrected the problem and send him the balance. He said he would not pay for someone else's work when he was willing to come fix it. I explained he didn't call me back for a month after several phone calls.

I said I would call BBB and he said go ahead. Turns out, he has other complaints with the same exact practice.

What can I do to prevent a lien and to make him accountable? I was thinking small claims, but what a pain.


I don't see this turning into a lien.

Whether Small Claims Court is a pain, I see that as your only option to get your money back on the grounds that you did not get what you paid for. He will, of course, bring any contracts and releases and the Judge will decide.

lougordon
Jan 2, 2009, 04:47 PM
Thank you for your help...

I spoke to the owner and he wants to be paid. We live in a small town, so any further work on my house by other local crafts could be difficult (not to mention... I may not be approved by the zoning dept. depending on who knows who).

This local plumbing/electrical company has operated like this for many years... I may give my lawyer a letter with intent stating if he does not deduct the money he is not entitled to and return it to my lawyer... I will first contact BBB, next the local paper (titled my experience with ##### and finally a local TV station with "Shame on you". It's worth giving my lawyer the money out of principle... rather than the business owner who is an obvious thief.

A new yard light should not cost over $300, this is robbery. The guy who corrected the problem charged me $35. The owner of the company tried to charge me $178 for hooking up 3 wires and tightening down 2 screws. Every other electrician I talked to said this guy should have been put out of business years ago. I signed no contract... in fact I have the corrected billing that his mother sent me. It shows he tried to charge me double from the original quote. It also indicates false information concerning the actual work not done.

This is just wrong!

21boat
Jan 2, 2009, 05:30 PM
I hate to see this happen It gives us honest contractors a bad name
I wish you luck!