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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38273
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I hired a restoration company PRC to clean up a sewage spill

Resolved Question:

I hired a restoration company PRC to clean up a sewage spill from under my house have was caused by a broken drain line. I signed a work authorization with a Schedule of fees. I have gotten the invoice and there are many items on the invoice that are not even listed in the schedule of fees. Some items that would have expected to be covered in their labor costs and such. Im I contracted or obligated to pay for these items? If so I would think the rate for these items should be negotiable, being that they are not on the schedule of fees.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you this evening.

To answer directly, you have the right to review the invoice and potentially contest questionable items. Since certain services were provided that you did not directly consent to, the duty and the burden is on the service provider (the company) to prove that they performed the work and that the work was necessary. Then the burden shifts to you to show whether or not the costs are valid or beyond the industry standard. If the services were provided and performed, then you are obligated to pay for them but you can negotiate the fees and the conditions under which those services were provided.

Good luck.
Customer: replied 1 year ago.

Hi


 


There are many items like Tyvek suits, Respirator, Respirator cartridge, cleaning towels gloves, trash bags. Being billed at very high price. While I'm sure they used these items. Being these items were not listed on schedule of fees, the price of these is negotiable correct? Should I be charged for each of these little items. I did not agree to just time and material I agreed to a schedule of fees for things listed on the schedule?


 


Also, they charged per SF to remove insulation and at the same time charged me an Hr rate and disposal fee. SF charge for removing insulation was not listed on schedule of fees. I'm I wrong in assuming that the labor part of removing the insulation should be billed at the schedule of fees rate for Hr labor?

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

That is correct, if they were not listed on the schedule of fees or even estimated, the cost of those items can be disputed--you can potentially attempt to price them from online and if you can find them cheaper, bring that printout with you as proof as to your contest of their bill. Technially if an item is used on your behalf, you do have to pay for it unless this was a 'flat fee' projec where all materials were going to be covered by the company. Anything else and you have to pay for it yourself.

In terms of your second point regarding billing, what governs is your contract--I cannot tell you if you are right or wrong in your assumption, what would control is the language of the estimate In that estimate if they made a claim based on a SF rate rather than an H rate, they are able to do so.

Good luck.
Customer: replied 1 year ago.

Thanks for your help.


 


One more question. Paying for travel time is not listed in the contract or on the Schedule of fees. They are located about 30 Min away from my house. They are billing an hour of travel time for each time they come. In two cases they were only onsite for 30 min at the most. Do I have to pay for travel time?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I have never heard of anyone paying for 'travel time' unless this was an emergency call. If this was in the general course of doing business, their travel time if not disclosed in your contract is NOT your obligation or responsibility. That seems to be a tack-on charge without grounds or justification.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38273
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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