Would appreciate your insight on my bill?

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fjwv
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Would appreciate your insight on my bill?

Post by fjwv » Thu Jun 20, 2019 12:40 am

Here’s the scenario, hoping to get some insight on how to handle this situation. Recently got some landscape stonework retaining wall , done by a contractor. Price quoted was per ton so x amount per ton and would need 27 ton to complete the job. (Including install gravel etc.) —- even has clause in contract that depending how layout /install goes may need additional 2.5 ton but will be discussed closer to completion.

Stones get delivered to my house while he’s not there, I get invoice to sign from driver that 22 ton was on the load. (33 stones in total)

Contractor finishes the work ( does a great job imo) 7 stones are left . Cleans everything up calls me to let me know (I’m not home) I ask what about the extra stones? He says oh I’ll use those at my next job, I say well how will that affect my billing. He says well I always order extra per job so I’m not stuck plus I don’t even have the invoice on how much was delivered. But your bill will be what I quoted you. I say I have the invoice and 22 ton was delivered he says oh well it’ll work out .

He completed the job specified it just didn’t need as much stone, As quoted

So my question to you is if he sends me an invoice for the full bill quoted even though he actually used significantly less ton than quoted do I pay that?

Or if he cuts the bill to 22 ton for example even though again I know he used significantly less. What do I do?

My thoughts are if there’s a clause he may need more stone surely him needing less should apply too , no? Flip side had I not seen the truckers invoice I’d be clueless on amount delivered.

Appreciate any insight.

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Aaron
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Re: Would appreciate your insight on my bill?

Post by Aaron » Thu Jun 20, 2019 12:59 am

I think it may all depend what's in writing, from a legal point of view. If you agreed to a contract with the materials stating 22 tons of stone, and there's extra, those are your stones. Your contractor did the work only with the quantity of the stones needed and so you have a surplus... So the contract was fulfilled, even though he misquoted or didn't do the best job estimating your material needs. Unless your contract has a provision for surplus materials, you're sort of on your own dealing with it.

If he's willing to buy them from you and haul them away, that is very ideal. Otherwise you could contact the quarry or landscaping supplier to see if they will take them back for a partial refund (since they can't recoup their time and travel).

Good luck! Hope it all works in your favor somehow. Let us know how it goes.
Last edited by Aaron on Thu Jun 20, 2019 1:00 am, edited 1 time in total.

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A. Spruce
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Re: Would appreciate your insight on my bill?

Post by A. Spruce » Thu Jun 20, 2019 12:59 am

This is why you ALWAYS get stuff in writing, signed by both parties!

If you signed for/received 22 tons, then he can't legally charge you for the extra tonnage that was neither delivered nor used. Hopefully, the delivery receipt you signed has both the tonnage and the actual price, even better if it also has the number of stones. This will tell you how much you can reasonably subtract from your final bill if the contractor doesn't adjust it correctly.

You only received 22 ton, which means you can only be billed for 22 ton. Now, you also have the no small matter of the extra stones, again, you paid for them, the contractor does not have any right to take them from your property unless you are justly compensated for them.

While every stone will be a different weight, you can still simply divide the number of tons you received by the number of stones in the load to get a rough guess at what amount (tonnage) was left over with the extra 7 stones. You can then calculate the additional deduction from your bill if the contractor intends to remove the stones from the property, otherwise I'd tell him to F-off, and sell the stone back to the quarry or post them on Craigslist or whatever local sale platform you have available to you.
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fjwv
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Re: Would appreciate your insight on my bill?

Post by fjwv » Thu Jun 20, 2019 7:05 am

Yes this is what I thought as well just wanted to bounce off other people who have no skin in the game I appreciate your insight.
So to summarize I have a signed contract stating 27 Ton would be supplied and installed at a price per ton.only 22 was delivered and I would approximate 18 used. He gathered and took away the other 7 stones without my consent or asking if I’d even like them anywhere else. Maybe hoping I didn’t ask or notice?
And if I didn’t have the delivery receipt I would have no clue on tonnage used

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Shannon
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Re: Would appreciate your insight on my bill?

Post by Shannon » Thu Jun 20, 2019 8:18 am

yes i agree here strongly. You know by your contract how much he was charging per ton to do the job. Unfortunately you don't know the exact tonnage of rock he removed from your property ( actually he stole them if you find you were not compensated for them when bill comes). If you use the average method Spruce suggested it was about 4.7 tons of rock that was removed.If the stones where all pretty close in size that method would be very close otherwise its a bit of a crap shoot.
Lets see what his final bill is ,don't pay until you are happy and have the proper outcome.
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fjwv
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Re: Would appreciate your insight on my bill?

Post by fjwv » Thu Jun 20, 2019 1:31 pm

Thanks guys. Just and update...
So without prompting this morning he offered to knock the bill down to 20 ton.
I asked him how he got to 20?
I replied and broke down the calculations as you guys suggested. To 17.26

He’s now come back with :

I calculated this on time and material. It’s more my labour than cost of stone. I can send you a detail of that. Your probably right with tonnage but it more the square footage I base my price on. Some jobs I come up short so that’s where we need to cover our self’s on material costs.

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A. Spruce
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Re: Would appreciate your insight on my bill?

Post by A. Spruce » Thu Jun 20, 2019 4:01 pm

I don't think this guy is necessarily shady, but I do think he would have willfully been misleading and overcharged had you not questioned it.
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fjwv
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Re: Would appreciate your insight on my bill?

Post by fjwv » Thu Jun 20, 2019 4:20 pm

Mr Spruce,I believe you hit the nail on the head!

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Shannon
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Re: Would appreciate your insight on my bill?

Post by Shannon » Thu Jun 20, 2019 10:49 pm

It’s funny that he originally made his quote based on tonnage now he has changed his method of calculating the charges.
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A. Spruce
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Re: Would appreciate your insight on my bill?

Post by A. Spruce » Thu Jun 20, 2019 11:59 pm

The man obviously needs to work on his bidding skills. While every situation is unique, he should be versed enough to make good educated guesses as to actual time and materials. We all boff one once in a while and make little or no money on the job, comes with the territory, but to change your billing strategies trying to recoup poor bidding practices, well, that's not right.
If the women don't find you handsome, they should at least find you handy.

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