Jump to content

Opinions sought
should we get legal advice?


  • Please log in to reply
11 replies to this topic

#1 JAMFC

Posted 19 November 2012 - 06:53 PM

Hi

We had some big trees that needed to be removed from our block - got several quotes.

Decided on a contractor we liked and got him to come back and take another look at the job, just to confirm he could do the job. He decided it was actually a bigger  job than he first thought and wrote us out another quote (quote 2) - we thought quote 2 was too high and negotiated a reduced price on the spot - he changed the price on the quote to reflect the new price (quote 3).

We agreed that he could keep the timber and that after the job was complete and we'd paid that he could have some extra time to remove the timber from our yard as he was going to slab it and sell it to recover some costs. He indicated that the job would take approx 1-2 weeks and that he would need about 2 weeks extra for the timber removal.

We paid a deposit and he started work about 3 days later.  This was about a month ago now.

During tree removal he went several times and did cash jobs for neighbours (at least 4 we know of just in our street). There were some days he couldn't work due to high winds etc.

Damages - one neighbour's shed crushed and fence pulled down, one neighbour's concrete slab smashed. One lattice fence smashed, gutter from our 3 bay shed ripped off.

He kept asking for progress payments through all this which we paid (was not discussed prior to work starting though).

Finally after 4 weeks, all trees were down and our garden looked like a lumbar yard. He demanded full payment and we said we'll pay you when the damages are fixed.  He went off his tree (!) and started abusing my DH saying he was going to smash his head in etc.

He emailed saying his quote was going to change, then put quote 2 in our letterbox and said that we now owed him extra for this (it was a carbon copy that he had ripped out of the book before he changed the price). We responded by saying we would pay the original quote as agreed - he even wrote 'Fixed-price guarantee' on quote 3!

Last Friday DH went and bought a new shed for the neighbour (as we were tired of waiting and our neighbour is elderly and we wanted to make things right for her) and we built it on Saturday and said to the tree guy (who had come to fix the slab) that we'd take the price of the shed off his bill - he agreed to this.

On Sunday we paid him a further progress payment to show good will as he had started repairs and stated that the remaining amount would be paid when repairs were completed.

He has now come back again saying we have to pay him the increased quote and that if we don't he will take us to the small claims court.

WDYT??

#2 eachschoolholidays

Posted 19 November 2012 - 06:59 PM

I'd tell him to take you to small claims court, but based the story you have given here doesn't quite add up for me.

#3 mitty82

Posted 19 November 2012 - 07:00 PM

Messy, keep all written evidence. Get everything from now on in writing. Hearsay isnt that good.

As for the damages to others, has he got insurance??
Cos if not than the damages is up to you to pay as far as I am aware.

#4 laridae

Posted 19 November 2012 - 07:00 PM

Let him take you to court.  You'd probabby win anyway, so I reckon he's just bluffing you.

#5 qak

Posted 19 November 2012 - 07:01 PM

Its this guy a licenced contractor? Did you get consent from council for the tree work?

I would be checking if he had insurance ( I bet not) ... But I think my first call would be to your state department of fair trading.

#6 Mrs Lost Wanderer

Posted 19 November 2012 - 07:03 PM

I'm really not up on the rules/laws re: tree removalists but shouldn't he have insurance that covers and damage that may happen while he's doing his job? Damages should be paid by him in my book. Does he work for a larger company or is it just him? Wondering if there is someone higher up you could speak to about this? Even threatening to bash your DH is so not appropriate in any circumstance.


#7 tothebeach

Posted 19 November 2012 - 07:07 PM

They can only chase you for a price you have agreed to.  Have you signed quote three?  If that is the only signed quote that he has, then I don't see how he can chase you for a higher quote retrospectively.

We had this happen with a tradesperson, who gave a fixed quote and after the job was finished tried to charge more.  Department of Fair Trading laughed and told us that he wasn't allowed to do that.

Edited by tothebeach, 19 November 2012 - 07:08 PM.


#8 elmo_mum

Posted 19 November 2012 - 07:11 PM

friends of ours are tree loppers...
and i doubt that they are like
(hope its not them, we r in vic..

go to small claims - keep the receipt for the shed
take photos of EVERYTHING
and keep everything!

and fwiw - any tradie who ask for progress payments is a nutter - yes this is hindsight....

#9 JustBeige

Posted 20 November 2012 - 05:59 AM

No he is not allowed to change the price mid job.  

He should be paying for all the damages. thats whatt his insurance is for

He cant take you (well he can but I would expect them to laugh at him) to small claims court.  You have been paying him progress payments even though it hasnt been agreed to originally.

I would be absolutely talking to the Dept Of Fair Trade about this and if necessary making an official complaint so they can investigate.

#10 Apageintime

Posted 20 November 2012 - 07:24 AM

Office of fair trading in your state or small claims court

#11 morgansacre

Posted 20 November 2012 - 08:19 AM

When we subdivided our block we had to remove two big gum trees, we asked the guy who did our plumbing when the house was put on the block. He is a registered plumber, landscaper and tree lopper....very handy.

We never paid him a thing, he sent us a bill about a week after, and we paid it. The quote before this was verbal which we agreed on.

We took down both trees in the one day, cleared the site and apart from lots of leaves you wouldn't know he had been there. No damage to anything.

We found out while he was taking one of the trees down it was actually rotten in the middle, it could have come down on our house or the neighbours at any time...very scary.

This same guy removed our neighbours huge 150 year old pine tree. That took all day to get it to a stump.

I think you got someone that isn't a professional at this at all. This is obvious from all the damages done. This should never have happened.

I'd take this guy to Fair Trading, he's an idiot and hasn't got a leg to stand on.

Lynn

#12 Cat People

Posted 20 November 2012 - 08:36 AM

What is the difference?

If it's not a large amount I'd probably pay it to get rid of the guy.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

6 tips for a day out with a baby and toddler

Outings can be lots of fun with the kids, but there are inevitable challenges. Here's some information about days out to help you be a little more prepared.

Getting labour started: tips for a natural induction

When your baby?s due date comes and goes without so much as a pop - let alone a bang - it can be disheartening. Mums and a doula share their stories of natural inductions.

My four months of breastfeeding madness

You imagine that everyone is thinking badly of you, and you tell yourself you have to keep trying. Even though you are in an impossible situation, you still won't give yourself a break.

Little girl's foul-mouthed ice bucket challenge viewed by millions

It starts out innocently enough, but soon Scarlett-Rose Davis is letting loose with an emphatic swearword.

Australian push for compensated surrogacy

A team of Australia fertility experts has advocated legalising commercial surrogacy.

Clever panda fakes pregnancy

News that a giant panda was pregnant prompted much excitement, but it appears there were never any cubs on the way.

'I survived placenta percreta'

When writing her birth plan, Simone Pavil included an item most women wouldn?t even think about: what should happen if she was put on life support. The mum had the potentially fatal condition placenta accreta.

Managing personal space as a mum

In the midst of the early parenting years, our bodies and minds can seemingly be overtaken by our offspring. How can we balance our need for personal space with the needs of our children?

'If love could have saved you, you'd have never left'

The words "spontaneous abortion" on the hospital paperwork really got to me. My baby died; I didn't spontaneously decide to abort him.

15 classic Aussie ads

Watch some of the classic Australian ads of the 80s, 90s and 00s, and remember the catchphrases and jingles we all used to know so well ...

For and against

Should Blue Ivy have been at the VMAs?

Many were quick to condemn Beyonce and Jay Z after appearing on stage at the MTV Video Music Awards with their two-year-old daughter, but others thought it was a sweet family moment. What do you think?

Toddler attacked at gym creche

Two-year-old girl Eva Ness was left with a black eye and bite marks on her face and body after an altercation with an older child at a health club's child-minding facilities. Now her parents are calling for the centre to be closed.

Pregnancy a tricky matter of timing for FIFO couples

Manipulating rosters, coordinating 'conjugal' visits, working on site with your partner; getting pregnant can prove stressful for FIFO workers.

WIN a $100 RedBalloon for Dad

Enter now for your chance to win 1 of 5 $100 RedBalloon experience vouchers. Helping you make Dad's Day EXTRA HAPPY.

Carseats have twice as many germs as a toilet

Most parents know their child's carseat is not always squeaky clean, but they might not realise just how dirty it really is.

Doctors remove foetus from 'medical marvel' after 36 years

Doctors in India have removed the skeleton of a foetus that had been inside a woman for 36 years.

Nine months in six seconds: new parents' Vine clip a hit

We?ve seen some memorable time-lapse pregnancy and birth announcement videos before. Now one new couple has taken it to the extreme, capturing it all in just a six-second Vine video.

Sonia Kruger speaks of baby joy

Celebrity mum-to-be Sonia Kruger has spoken candidly about using donor eggs and IVF to fall pregnant at age 48.

Dressing to not impress: life through the eyes of a three-year-old

When it comes to getting dressed, my three-year-old has only one criterion: ?I don?t want to look beautiful.? And now I've worked out why.

Win back some precious time and get FREE coupons

Membership to eBay's Bubs? Corner is free and includes a $10 coupon to spend on nappies each month - a win for multitasking mums!

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

WIN a $100 RedBalloon for Dad

Enter now for your chance to win 1 of 5 $100 RedBalloon experience vouchers. Helping you make Dad's Day EXTRA HAPPY.

Win back some precious time and get FREE coupons

Membership to eBay's Bubs? Corner is free and includes a $10 coupon to spend on nappies each month - a win for multitasking mums!

Do you suffer from Precious Firstborn Syndrome?

Testing ?no more tears? shampoo in your own eyes, warming cucumber sticks so they're not cold straight from the fridge, waking a sleeping baby to check they?re still breathing: these are all symptoms of Precious Firstborn Syndrome.

Ezra's tragic death not in vain, mum says

Little Ezra was a "Harry Houdini" who loved trying to escape the family home. Now, after his tragic death, his parents are doing what they can to help others.

7 mistakes old hands make with new babies

As I sat across the table from my friend ? me, a seasoned mother of three; her, a brand new mum ? I thought of all the mistakes an old-hand parent can make when visiting a newborn baby.

Video: When adults act like children

Ever wondered what would happen if adults were allowed to act like children? This dad's hilarious video clip will give you an idea of what life would be like.

Mums hit hardest as flu cases skyrocket

The number of confirmed cases of influenza in Australia has doubled the number for the same time last year - and women are 25 per cent more likely to get it.

The mum who had four babies in nine months

Feeling exhausted due to the demands of caring for a baby? Imagine the life of this mum, who gave birth to three boys and one girl in just nine months.

Everything baby at Big W

Lowest prices on everything baby, only at Big W. Sale starts August 4 and ends August 20 2014.

Going viral

Daycare death shows licensing need

A baby's tragic death in a family daycare centre has underlined a need for better licensing laws in the US.

Personalised baby gifts

We've scoured the internet to find gorgeous personalised keepsakes and nursery decor to record baby name and dates. They make great gifts for christenings, name days and birthdays! (All prices in AU.)

 

Mind, body, beauty, life

Making time for me

We look at your wellbeing, covering health, relationships, beauty and fashion, mind and body.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.