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Actually, upsetting the chemistry balance could cost 1000s down the line...
Everytime I go on vacation of business travel, my pool chemistry goes out of line. It's not a bid deal and not a huge cost to get it back in spec. It doesn't cost me 1000s to get it back. An hour of vacuuming scrubbing, some algaecide and some shock/chlorine and blue/clear water soon returns.
You know, there are things like Angie's List and Yelp for rating and reviewing businesses, but having been in business for myself and working in others' businesses I know that there are some 'customers' who, whether out if ignorance, stupidity or intention just can't be pleased.
They are just impossible to work with and seem to go out of their way to create problems, then gripe and moan and try to weasel out of paying the bill.
Maybe there should be a list of these people that contractors and others can check, so they can avoid getting caught up in the games these people play. It could save them some headaches and lost money (material/labor costs unpaid).
Gee, maybe I've found a new business...
(3rd paragraph)
There was a couple farmers in my area that had a hard time getting a contractor who wanted to bid on any building project they had.
After a few building projects by different contractors, word got out to avoid doing business with those two farmers.
Yes, I would like to see a list of customers to avoid so some new contractor doesn't get taken by them shysters.
In Texas, the contractor can and would file a mechanics lien on the property. At that time he basically owns you as he can foreclose on the lien and take the property, sell it, any mortgages paid off, then he would get his money. If there is anything left, you get the remainder and are now living on the street. It depends on what the laws are in the State that you live in. So here's a clue, you better have a meeting with the guy and work this out and quick. There's a time limit involved if your State recognizes mechanics liens and it's not a long period. A collection service, that's nothing compared to what you're about to experience if you don't resolve this like a man.
First the HO terminates the days work, probably leaving the workers without a full day, and makes the arborist get a tarp. The arborist gets the tarp and is prepared to mobilize his crew again, but isn't allow back on the property to finish the project. Then the HO wants to stiff the arborist altogether, tells him so, and wants the forum to assure her( probably not a him) that it's cool.
I can only imagine what the other side of the story sounds like.
In some states, not paying the bill would be considered "theft of services" and would be treated as a crime. Do what others have suggested. In fact, I would send at least a partial payment with a letter outlining the issues, send it certified, and politely invite the contractor to contact you to resolve this matter. Simply not paying the bill could end up costing you a lot of grief. Not worth it, IMO.
Just to update: I left them a voicemail explaining the situation and never heard back. I'm glad I followed my instincts on this one. Thanks everyone who gave useful advice.
In order to pay them for the work they did do, I'd have to estimate what portion of the agreed services they completed. Would I deduct what I had to pay to treat the algae problem in the pool? Actually, upsetting the chemistry balance could cost 1000s down the line... so should I pay them for part of the work completed, and then try to take them to small claims for the damage to the pool?
personally, I think you are being a little melodramatic. If it costs 1000s down the line to fix why do you have a pool? The last time my algae went wacky... I believe it cost me a total of what say? $50.00? I did the work myself and paid for the chemicals to fix the imbalance.
Pay them for the work they did complete. Charge them for the cost of the chemicals.. unless you already had it (sometimes we need to be honest people). And if you came out of pocket for the cleaning of the pools. If your pool company charged you more then 100$ to fix it .. I am going to say you need to either do it yourself or get another pool company.
Just to update: I left them a voicemail explaining the situation and never heard back. I'm glad I followed my instincts on this one. Thanks everyone who gave useful advice.
So what are your instincts telling you?
Don't think that you are done with the contractor at this point. You fired him, and failed to pay for the work he performed. He may be done with you and decide to file a lien on your property to drag you to court. Depending on how you chose to treat him, it could be retribution. That isn't something any of us will know. But I've seen it happen. You'll be out court costs, and likely have to pay him all that you owe for the work he was able to complete.
As for the pool... not buying any of it. I have a 20x40 in ground pool with trees over it. I had some of the larger limbs trimmed this summer with no pool cover. At worst we ended up with leaves and small debris in the pool that we had to clean up. We were aware of that before agreeing to the work. We cleaned up the mess, and then re-balanced the chemicals the next day for a total cost of about $10. We had no issue with algae. Algae takes a while to populate unless you don't maintain your pool. Accusing the contractor of causing the algae problem is akin to blaming a dentist for causing tendonitis in your ankle during a root canal. It won't fly.
Best case scenario if the stars aligned just right, you "might" luck up in court and have the judge deduct the cost of having a pool company come out and clean the pool (you would need a receipt and time stamped photos documenting the debris PRIOR to cleaning along with a signed document from the contractor where they agree to cover the pool and you need to ensure the document doesn't mention that some debris may still be present) from what you still owe the contractor. But at the end of the day, you are going to have to pay the contractor for the work performed.
If I were you, I would send a certified letter (NOT a voicemail that he can deny receiving) stating that you would like to settle on the work that was completed and reach a mutual agreement on the amount owed. You need to advise that you are willing to negotiate and pay for the service rendered. I'd omit any accusations or any mention of the pool and leave it at that. If the contractor signed for letter but doesn't respond, you have that as evidence to a judge that they weren't willing to work with you. That "might" help you in court.
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