How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Bradley Your Own Question
Michael Bradley
Michael Bradley,
Category: Consumer Protection Law
Satisfied Customers: 1067
Experience:  Owner at The Protection Group LLC
99092957
Type Your Consumer Protection Law Question Here...
Michael Bradley is online now
A new question is answered every 9 seconds

I purchased a floating dock to keep my new boat up out of

Customer Question

I purchased a floating dock to keep my new boat up out of the water. I initially had the dock going in one marina but after the president of the marina association came by and said what I was installing there would not be permitted I was forced to move the dock to another marina next door. The dock was not completely built yet when we were forced to move. Once at the 2nd location the installer ran into equipment problems with his air compressor and he was only able to drive one piling out of four with a air hammer. He drove the other three in with the bucket of the excavator. He had a barge that he used at the first marina but did not bring that to the second marina. the three poles he set with the bucket are loose and I'm afraid they will break free in storms that frequent the area. He also did not properly seat an "H" bracket on the dock and thus leaves the dock uneven. I have paid him over 75% of the fee holding back $5000 to be paid when he comes out and corrects these issues. He is saying the dock is installed and he wants to be paid in full before he will come out and take care of any fixes (I fear at an additional fee). He is threatening to come out and remove the dock at a cost to me if I do not pay up. Does he have a legal right to remove the dock at my cost or remove it at all, and am I good with holding back the remainder of the fee until the issues are corrected.
JA: What state is this in? And how old is the boat?
Customer: State is Ohio, the boat is a 2017 picked up the first week in June
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Michael Bradley replied 2 months ago.

do you have a contract for the work that was done?

Customer: replied 2 months ago.
This is what I have for a final. I can send the original alsoSubleski, Mike
Proposal
Client Name:
Project Name:
Estimate ID: EST538382
Date: Apr 05, 2017
· Partial install at 1st stated marina.
· Return for install at 1st marina. Stopped by Mr. Subleski.
· Returned to move partially installed boat port to another Marina.
· Per Mr. Subleski install steel piling and additional parts at Schrocks Marina. All cleared with
owner of Marina.
· Numerous changes made to original order, installation method and locations made by Mr.
Subleski.
· Below is a reflection of final order and installation.
· No charges for compressor rental or excavator time or transport.
Jobsite Address:***** Marblehead, OH 43440
Boat Port
Billing Address:***** Marblehead, OH 43440
EZ Dock with Boat Port $22,197.84
EZ Dock Boat Port | BOATPORT,
2000 PKG, 80" x 14' - 80" x 14'
1 $2,793.61
EZ DOCK - Boat Port side extension
19.5"W x 164"L x 15"H 208015EX -
19.5"W x 164"L x 15"H
2 $1,116.12
EZ Dock | COUPLER SET, W/NYLON
ROD | Dog Bones | 301100
24 $1,248.00
EZ DOCK - COUPLER SET, Max port
to max port 2 PR, 301208
2 $207.28
4 H Brackets $832.00
EZ DOCK - Dock Sect 80'' x 10' -
208010
2 $3,859.22
EZ DOCK - Dock Sect 40'' x 10' w/o
pockets - 204010
1 $1,051.52
EZ DOCK - Tie up cleat - HD GALV
steel - 10" coupler mount 300110
3 $444.69
EZ DOCK -BRACKET PILING, HD
ONE-PIECE POLY FOR 3.5" PIPE
215350 - 3.5"
4 $1,009.00
EZ DOCK - Gangway, PE, 4' X 6' -
400406
1 $499.42
f.(###) ###-####email:***@******.***
p.(###) ###-####www.cornerstonelandscaping.us
Kent, OH###-##-####State Route 43
Page 1 of 3
EZ DOCK - Hinge Kit, PE Gangway
to 60'' Dock, Galv - 400460
1 $359.24
4 Ea Pipe | Steel Pipe 3" SCH 40 $653.44
2 4'' PVC $36.00
4 4'' Caps $36.00
Remote Control 110v Air Pump
600054
1 $1,778.35
3 208107 3/4 spacer kits pairs $473.61
1 Float Tank 208015FT $800.74
2 EZ DOCK - SS Nut, coupler 21003SS $28.64
EZ DOCK - BOLT, COUPLER, SS -
211002SS
2 $51.64
EZ DOCK - Coupler bottom for SS
coupler bolt - 211020
2 $48.22
EZ DOCK - COUPLER, TOP OR
BOTTOM, COMP - 311010
2 $52.10
Install / delivery / shipping / misc
hardware
1 $4,819.00
Subtotal $22,197.84
Taxes $1,553.85
Estimate Total $23,751.69
Payment terms: $10,000 down (to schedule job and payment toward material costs) and balance due at job completion.
Cornerstone Landscaping, Inc. and its associates are committed to providing the finest quality products and services in the industry
today. ~ Jeremy Jones, President
Thank you for the opportunity to quote this project. If you have any questions, please contact our office at(###) ###-#### We look
forward to working with you.
Agreement
This agreement for professional landscape, lawn service, snow removal or tree removal services is by and between Cornerstone
Landscaping, Inc. and the individual or company stated on this document. In consideration of the mutual covenants set forth herein and
intending to be legally bound both parties agree to services outlined herein. Company shall provide the services outlined and the
customer agrees to pay company as outlined. Invoices shall be submitted as outlined herein and are due upon receipt. All past due
invoices will be subject to a finance charge of 1.5% monthly. Furthermore, if invoices are not paid promptly, Company may suspend or
cancel further services. Any attorney fees, court costs or other costs incurred by company in collection of delinquent accounts will be
paid by Customer. No change in general scope of services will be allowed unless a change order is signed and submitted to Company
in writing. Change orders will be an extra charge over and above original estimate. We cannot predict or control weather and therefore
are not responsible for delays in job completion due to weather. Company can alter payment terms for any reason. We cannot be
responsible for damage to underground
irrigation, wires, cables, utilities, pipes, drains, or otherwise unless Customer marks such items and makes Company aware of such items.
We cannot be responsible for any damage tor cracking whatsoever to concrete driveways. You have the right to cancel this contract at
any time before midnight of the third (3) business day after the date of this contract.
This proposal is valid for 60 days from date of quote and is respectfully ***** *****
f.(###) ###-####email:***@******.***
p.(###) ###-####www.cornerstonelandscaping.us
Kent, OH###-##-####State Route 43
Page 2 of 3
Estimate authorized by: Estimate approved by:
Company Representative Customer Representative
Signature Date: Signature Date:
This proposal is valid for 60 days from date of quote and is respectfully ***** *****
____________________________________
f.(###) ###-####email:***@******.***
p.(###) ###-####www.cornerstonelandscaping.us
Kent, OH###-##-####State Route 43
Page 3 of 3
Customer: replied 2 months ago.
I have added both files the original and the final
Expert:  Michael Bradley replied 2 months ago.

From what I can see, I do not see where he has any legal standing to come and remove the dock. There is nothing in the contract that I see each would allow him to do that. If he did show up the marina can deny him access and I would talk to the marina to make sure that he is not allowed on the property without your authorization and the marina's authorization.
I can understand his frustration plus I understand yours as well. This job did not go as was expected since you had to move marinas which of course would have brought an additional charge. It looks like he did give you a second invoice which reflects the amendment of the job to a different marina.
I do not blame you for holding back the final money as the dock is not completed per your standards. To avoid a lengthy the way and prolonged litigation where you could be responsible for his attorneys fees since that is in the contract, I would reach out to him and set up a meeting where you can sit down and tried to hash out a resolution that both sides can live with. It is not your fault that the necessary piece of equipment to properly secure the bulkheads broke. It is also not your fault that he had to use another piece of equipment to secure them which did not work as well as the equipment that failed.

Expert:  Michael Bradley replied 2 months ago.

It is clear to me that you want the dock finished correctly and he wants his money that is owed. I see no reason why a compromise cannot be made which will satisfy both parties. That does not mean make both parties happy but at least satisfied. That is the problem with compromise, a resolution is done but both parties are not always 100% happy and satisfied.

Expert:  Michael Bradley replied 2 months ago.

can I help you further?