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I hired a contractor to do remodel work on my resturtant the written estimate was 11,500 to 14,500 the final bill came to 19,200. I was never spoken to before hand on the final price. on top of that the worker blew up my cash register and credit card machine and they do not feel they should have to replace the equipment. What are my rights.

Submitted: 18 days and 12 hours ago.

Category: Legal

Value: $30

Status: CLOSED

Posted by JB Umphrey 18 days and 12 hours ago.

Info Request

Thank you for using JustAnswer!

I am sorry to learn of your circumstances. First of all, is all of the remodel work done and is it done to your satisifaction? In other words, is there still a punch list out there?

18 days and 12 hours ago.

Reply

there is still electric work that was not done correct. I have had them out three times about the problem and still is not fixed. the last time they worked on it was when they blew up my cash register and credit care machine and every time they come out I believe they are charging me more money on the invoice. This is work that was in the contract to start with. Other work was done that was not to my satisfaction but at this point I just want them out of my resturant and life.

Posted by JB Umphrey 18 days and 12 hours ago.

Info Request

Okay, were there any written change orders done on the project?

18 days and 12 hours ago.

Reply

Nothing was changed from the first contract.

Posted by JB Umphrey 18 days and 12 hours ago.

Info Request

And as for the things they "blew up," why haven't they turned this over to their insurance carrier?

18 days and 12 hours ago.

Reply

I have no clue first they said they would go to staples to pick up a new register but I told them that I had a special ordered register to print out all my food items and you can not get that type of register at a office supply store. so I had to order one from chicago pay for it myself go and pick it up retrian all my employee's. I asked the contractor about this and this time he came back with that his guys had asked for everything to be unpluged while working and that one of my people pluged them back in and it was not there fault. This is so not true because I was the only one here during the work which was done during hours we where closed and never once did any one ask me to unplug anything at any time.

Posted by JB Umphrey 18 days and 12 hours ago.

Info Request

Did you sign the written estimate?

18 days and 12 hours ago.

Reply

yes the estimate was for 11,500 to 14,500 the final bill came to 19,200

Posted by JB Umphrey 18 days and 12 hours ago.

Info Request

And is there any small print on the estimate that says that it is NOT a contract and/or that you agree to pay for higher amounts?

18 days and 12 hours ago.

Reply

Not that I can see it does not say contract it has proposal

Accepted Answer

Okay, well, from the facts you describe, you are only responsible for paying $14,500, minus the replacement cost of the equipment that they damaged.

Understand, that the contractor may try to sue you for breach of contract/unjust enrichment. It doesn't mean that the contractor will win, necessarily. But it's a possibility that should not surprise you. That's when you pull out the proposal and remind that there were no work order changes, etc.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!

Accepts:
Expert:	JB Umphrey
Pos. Feedback:	97.7 %
Answered:	11/4/2009

Attorney

Michigan lawyer who explains basic criminal, consumer, and contract-related matters.

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Question

Info Request

Thank you for using JustAnswer! I am sorry to learn of your circumstances. First of all, is all of the remodel work done and is it done to your satisifaction? In other words, is there still a punch list out there?

Reply

Info Request

Okay, were there any written change orders done on the project?

Reply

Nothing was changed from the first contract.

Info Request

And as for the things they "blew up," why haven't they turned this over to their insurance carrier?

Reply

Info Request

Did you sign the written estimate?

Reply

yes the estimate was for 11,500 to 14,500 the final bill came to 19,200

Info Request

And is there any small print on the estimate that says that it is NOT a contract and/or that you agree to pay for higher amounts?

Reply

Not that I can see it does not say contract it has proposal

Accepted Answer

Related Legal Questions

Thank you for using JustAnswer!

I am sorry to learn of your circumstances. First of all, is all of the remodel work done and is it done to your satisifaction? In other words, is there still a punch list out there?