Fencing Contractor Is Trying To Screw Me I Think -long
Months ago, a gentlemen came to my house and gave me a quote for fence at my house. This was a small split rail fence in the back yard, and a gate in between my neighbor's house and my own. My neighborhood, and all houses in my area have a privacy fence in between them. My thoughts were that they would be installing a privacy fence as well. I signed the contract and faxed it over to them, never putting any monies down. Much to my chagrin, I come home on Tuesday, and they have half completed the install of a nullsplit rail gate, which will look terrible, and no doubt be asked to be removed by the HOA. The fence that they put in the rear is crooked on all 3 posts, and while installing the gate, they damaged my sprinkler system line. I call them to find a resolution to this, and their only response is for me to pay for the gate, and then pay for them to put in the privacy fence in as well. I have taken pictures so I have proof.
What are my rights as a consumer? Can they put a lien on my house for not paying for this shoddy and unwanted work?
Hello Judge Judy or Peoples court.
Hold them to the fire. See if you have to be licensed to do what he did, and if so, is he?
Does your contract say nullsplit rail gate or split rail gate?
Any promise of "workman like" construction or other performance guarantee?
they can take you to court but not put a lein on your house.......kenmax
Here is what the quote/contract says.
1) 18' 234.00
2) 11" W/Gate plus 1 Extra Post $358.00
Very vague.
But, I think I found an out to this contract. In the fine print, it states ,"It is further agreeed that the work will be completed in a length of time not to exceed 30 days from the date of the acceptance of the contract, and will be installed at the convenience of Fence Company. "
I signed and dated this on 4/6, and they did not show up until 5/22 to start work. No new contract was signed. I want to work with them and get everything I want. I don't want to get everything for free, but I don't want to pay for something I do not want.
If they sue, you may have to go to court.
w/ Small claims in CA, if I have a judgement against joe, and joes owns a house I can put a 10 yr. lien on his house, renewable for 10 yrs, and it earns 10%.
Don't "work with" these guys. Go find another fence contractor. Send a letter to the first guys that their product is completely unacceptable and needs to be removed in its entireity and the damage to the sprinkler line repaired within 2 weeks. Have the new guys bill you seperately for the removal of the old fence (cause these guys are not going to get out there in 2 weeks to remove it).
When your nice new fence is in send a bill to the first fence contractor for the cost of removing their junk and repairing your sprinkler. Explain that the materials of the old fence are in your garage and if they are not removed in another 2 weeks you are further going to charge back the cost of disposing of the materials.
If (and it is highly unlikely) they sue or lien your property you counterclaim for damages and costs. It wouldn't hurt to file a complait with your local better business bureau and whatever consumer protection agency there is in your area.
As a former contractor, I highly suggest in the future, that before you sign off on any contracts/work orders, you have everything explained in detail what is going to be done and what is going to be used for materials. When you accept a contract such as the one you have described (very vague) you leave yourself wide open to all sorts of problems. Since it isn't stated exactly what they were intending to use for materials, you may be liable to honor this contract. Also, in my state, PA. you have an obligation to allow the first contractor the right to correct the situation before proceeding with other options. Should you just arbitrarily go out and get someone else (to pull out their fence-and install a new one) you could end up legally responsible for paying both contractors for the work they perform. I HIGHLY suggest, you contact someone to find out your legal rights on this issue before you proceed.
Dave