Contractor Problem-Advice needed

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StackedLumber

New Member
Oct 28, 2009
173
Michigan
Looking for some thoughts from you all. While we were on vacation to NY, my basement flooded due to a float rod coming off the sump pump. When someone checked on my house and found it they called a flood clean up company for us to get it cleaned up while we came home. Family friends got the sump pump working, and told the flood clean up owner that when he showed up that evening. At some point, the owner of the company called a licensed plumber, who's business was an hour and 20 min away, to come and see if I needed a new sump pump or repair the old one. He came, took the old sump out, and took it down to the local lumber yard-they repaired it for the plumber, and then he put the old one back in. While he (the plumber) was there the owner of the clean up company told me that he called a plumber friend to ensure my sump was okay and that I would be billed for it, but it saved me money compared to buying a new sump pump. I was told by the owner of the company and the family friends that were helping clean up while I was on my way that he was at my house for less than an hour.

I got the bill today for 5 hours of work @ $65/hr, because he said I had to pay for his driving time to and from his house, and I had to pay for his trip to H##e D###t an additional 1/2 hr away, so that he could pick up some parts just in case I needed them. I'm outraged at this and have been told not to pay him by other contractors and family members. I think I owe him something b/c he did do some work at my house. I'm not a scammer. But I'm not about to look the other way-especially since the insurance isn't covering this completely, and we def. aren't flush with money. When I called him today, he flat out told me that I'm more or less paying $230 for him to drive in a work van.

Now a couple of things to note, #1-I didn't call him, nor did I request that he be called #2-I had not been told that he would be called and that I would be responsible for the bill, till after he was already there and had done work. #3-I never signed a work order agreeing to the labor/work terms. #4-If I had known that plumber needed to be called, I would have had the neighbor 3 doors down called who owns one of the largest plumbing businesses in Northeastern Michigan, rather than someone that was an hour and 20 min away.

So, do I have a leg to stand on to send him some money but not the whole bill. if it came to it, with the facts involved, how is this going to be viewed in Small claims court? Is he able to put a lien on my house for the work he did w/ out a work order? and without my knowledge?

thanks
 
I am not familiar with mechanic liens laws in your state, but I expect he has the right to slap a lien on your property. Ultimately he gets paid, its whether or not the clean up company has to pay him as they didnt have authorization.
 
Whatever you do don't send money until you agree on the terms. If you send money now you are acknowledging the invoice.

If I were in your shoes I would politely ask the plumber to come back, remove the "new parts" and send the labor bill to the cleaning company that initiated the service call. Simply and politely tell the plumber that you would prefere to source your own "new" pump instead of paying to repair an old pump.

You can't be obligated to a contract by a third party. The fact that the cleaning company made the call without your authorization certainly has some impact here. BUT, if you are receiving benefit from the pump, you will have to pay. So first step is to give the plumber the option to restore the pump to it's original condition and take his labor issues up with the person who contracted him for the work (cleaning company).
 
IMHO that cleaning company had no right to call them or any body for that matter so they should have to deal with the plumber. Is this a "good old boy" thing as to why they called a plumber so far away.
 
stee6043 said:
Whatever you do don't send money until you agree on the terms. If you send money now you are acknowledging the invoice.

+1, learned this the hard way in small claims. Judge said it didn't matter if I paid what he actually earned, HVAC company that only did half a building. As soon as I paid anything even marking it paid in full, I acknowledged it and was liable for the whole thing. Complete BS. Until you get a new invoice from them, don't give them a dime.
 
StackedLumber said:
Looking for some thoughts from you all. While we were on vacation to NY, my basement flooded due to a float rod coming off the sump pump. When someone checked on my house and found it they called a flood clean up company for us to get it cleaned up while we came home. Family friends got the sump pump working, and told the flood clean up owner that when he showed up that evening. At some point, the owner of the company called a licensed plumber, who's business was an hour and 20 min away, to come and see if I needed a new sump pump or repair the old one. He came, took the old sump out, and took it down to the local lumber yard-they repaired it for the plumber, and then he put the old one back in. While he (the plumber) was there the owner of the clean up company told me that he called a plumber friend to ensure my sump was okay and that I would be billed for it, but it saved me money compared to buying a new sump pump. I was told by the owner of the company and the family friends that were helping clean up while I was on my way that he was at my house for less than an hour.

I got the bill today for 5 hours of work @ $65/hr, because he said I had to pay for his driving time to and from his house, and I had to pay for his trip to H##e D###t an additional 1/2 hr away, so that he could pick up some parts just in case I needed them. I'm outraged at this and have been told not to pay him by other contractors and family members. I think I owe him something b/c he did do some work at my house. I'm not a scammer. But I'm not about to look the other way-especially since the insurance isn't covering this completely, and we def. aren't flush with money. When I called him today, he flat out told me that I'm more or less paying $230 for him to drive in a work van.

Now a couple of things to note, #1-I didn't call him, nor did I request that he be called #2-I had not been told that he would be called and that I would be responsible for the bill, till after he was already there and had done work. #3-I never signed a work order agreeing to the labor/work terms. #4-If I had known that plumber needed to be called, I would have had the neighbor 3 doors down called who owns one of the largest plumbing businesses in Northeastern Michigan, rather than someone that was an hour and 20 min away.

So, do I have a leg to stand on to send him some money but not the whole bill. if it came to it, with the facts involved, how is this going to be viewed in Small claims court? Is he able to put a lien on my house for the work he did w/ out a work order? and without my knowledge?

thanks

Were you out of reach? Why weren't you calling the shots?
 
There is no way anyone is going to secure a lien for $230. The cleanup contractor was way out of line hireing an out of town plumber, never mind without your permission. He is responsible for the plumber's labor, not you.
 
I had a similar issue a couple of years back. I got a bill for $300 on work that was done by a crew when all I asked was for them to look at it and see what was needed.

I called the owner of the company and asked if he, "had a number that would leave both of us satisfied". He said, "how about we split it? I'll take $150. Neither of us will be thrilled; neither of us will feel hosed".

I gladly paid. And despite the mix-up, I liked the way it was handled and would use, or refer, this company without hesitation.
 
EngineRep said:
I had a similar issue a couple of years back. I got a bill for $300 on work that was done by a crew when all I asked was for them to look at it and see what was needed.

I called the owner of the company and asked if he, "had a number that would leave both of us satisfied". He said, "how about we split it? I'll take $150. Neither of us will be thrilled; neither of us will feel hosed".

I gladly paid. And despite the mix-up, I liked the way it was handled and would use, or refer, this company without hesitation.

Good approach! The plumber was there to protect your property. I would wash off most of the drive there and back and bill it as if it was a local guy. This is a no win situation. At least put yourself in a position of what you would do if you were the clean up crew. It makes sense to call the plumber... Of course if the plumber does not agree thats a whole different story. Most people are reasonable. If he is not tell him to pound sand... Document everything...
 
Hrm

I would not pay $0.01. If the clean up company called the plumber, they pay for the plumber especially if the sump pump was working. However, had your friend or person who checked up on your house called, that would be a different story.

PS. There was no plumber closer than 1hr20 mins away??

Andrew
 
To answer some of the questions . . .

First off, theres about a dozen plumbers between my house and the one he called. In fact the neighbor 3 doors down, has a substantial plumbing business, and has trucks and trailers parked outside his house with the name of his company right on them. Let alone, 2 more in my town, 4 more in the next town over, and the list goes on and on.

Secondly, I was out of range in Canada on my way home. My friends had gotten the sump up and running on a temporary basis, but he (owner of the flood clean up company) claims that he "wanted to make sure", that the problem was fixed. A new pump costs $120 . . . you do the math on this one.

I've come to the conclusion is that this was done on the "buddy" system. I've tried calling the flood cleanup company, and lo and behold, what do you know, now they aren't returning my calls. I did find out in the state of Michigan if I send him any money, I am more or less claiming responsibility for the whole bill. At this point, I'm just inclined to do nothing. If he wants to pursue this further, I suppose I'll just have to show up in court, and pay it then if I lose.

My bet is all of a sudden the flood cleanup guy is going to call me back, and I can take this up with him.
 
StackedLumber said:
If he wants to pursue this further, I suppose I'll just have to show up in court, and pay it then if I lose.

.

You should attempt to resolve it before it gets to this point. Around here he could also go after you for the costs incurred to collect the bill. If he decides to lawyer up, the bill could get very high very quickly. May not be the same in the states.

'bert
 
When someone checked on my house and found it they called a flood clean up company for us to get it cleaned up while we came home.

You were not there and friends handled the problem to sav you some major headaches. You could not be contacted or you told tham to handle the problem. Now the problem is your problem. Suck it up pay the bill. You are not flush with cash. $65 X 5 hours is $325. get out of debt and build an emergency fund.

This is peanuts. If we were talking $2,000 yeah there might be a problem.

I am in a different business which handles emergency problem from time to time like this. The difference is I get a credit card before walking out the door!
 
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