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 Great Dame

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

 

Life with anxiety

At times, I feel pretty worthless. In those moments, all I want to do is curl up into a ball and hide in the dark. I can try to quiet my mind, but it won?t shut up.

IVF leaves woman pregnant with another couple's twins

An Italian woman has been told the twins she is three months pregnant with are not hers.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

What you need for the 'fourth trimester'

In my opinion, the first three months after the birth are the most intense. Here's what got me through that time after welcoming my baby.

Weaning a toddler off a dummy: a 15-day plan

Weaning your child off the dummy can be a traumatic experience for both of you. Here are some tips to help you through.

Choosing to be a solo parent

Two women share their stories of longing for a baby so much that they each decided not to wait for a partner before becoming a mum.

Asphyxia link another piece of the SIDS puzzle

An Australian study has uncovered information which could lead to a better understanding of why babies die from Sudden Infant Death Syndrome.

Rescue dog Zoey and BFF Jasper star in adorable pics

Photographer, self-professed "crazy dog lady" and mum Grace Chon takes photos of rescue dog Zoey and her 10-month-old son Jasper together. The results are just too cute. See more on Instagram @thegracechon.

The ultimate travel stroller: the Mountain Buggy nano

We tried the Mountain Buggy nano and give it an enthusiastic thumbs up. As the ultimate travel stroller, it's practical, has great features, and looks fab, too.

Mum's heartbreak as son dies in road accident

Daly Thomas and her two young sons were walking home from church on Tuesday afternoon. Her youngest son never made it.

New Kate Spade baby bag designs

Don?t adjust your screen: this bright beauty is coming to you in full colour.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

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 the brand new phil&teds vibe

Check out the good looking new release of the Vibe 3 and the Verve 4-wheeler inline strollers. To celebrate their release, we have a Vibe with double kit to give away.

Baby sleep

From birth to one year and beyond, read about baby sleep, soothing techniques, routines, and sleep school experiences.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

7 tips for a kid-free trip, not a guilt trip

Although I?m jumping out of my skin to take my child-free holiday, I?m dreading the goodbye. But I?m determined to make the most of it without tarnishing it with guilt or sadness about leaving the kids.

Itchibubs: clothes for babies and toddlers with eczema

Parents of children who suffer from eczema will know only too well the scratching that occurs around the clock. A new clothing range aims to help make everyone more comfortable.

Ear piercing: what age is best?

What is it that shapes our opinions on what?s an 'appropriate' age for our children to get their ears pierced? Parents share their views on how young is too young when it comes to piercing.

Caring for kids helps grandmothers stay mentally alert

Looking after grandchildren can help grandmothers ward off brain disease - but it's also possible to get too much of a good thing, researchers say.

Why I loved my third home water birth

After two water births at home, I was determined to give birth to my son the same way. I just hoped this birth would be quicker than my last two.

Revealed: 7 ways food marketers try to trick consumers

If you?re confused by food labels, you?re not alone. Next time you?re shopping for food, look out for these seven common labelling tricks.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

 

Free Printable Activities

Keeping little hands busy

Free printable acitivity pages like colouring in, cutting, word finders, mazes, maths activities and puzzles.

 
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.