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Old 07-29-2018, 03:43 PM
 
Location: Asheville, NC
12,626 posts, read 32,046,770 times
Reputation: 5420

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I did also tell him that I would like to meet him at the property before he got started to walk him through everything. Maybe he forgot? I don't know what the reason was. I could have called him as soon as I found out plans changed but it was only a couple days before Saturday that I found out. He already started the work on Thursday without my knowledge and had a good bit of it cleared. It would have been too late anyhow. It's just frustrating when you budget for one thing and it's going to cost quite a bit more to have the rest done. I spoke to him on the evening of July 20th to hire him. I put a call into the county on Monday July 23rd to confirm set backs and had to leave a message. I did not get a call back til a few days later. The work was started on Thursday July 26. When I originally talked to him, he said he was booked for at least a week and a half to two weeks before he could start my project. I said that works out because the closing isn't til next week. Yes, he cleared it a day before closing. I am happy he got started sooner but bottom line, I told him I wanted to meet up before he started the work to go over everything. I plan on paying him for what he did. There will be trees that need to be replaced that were taken down that weren't supposed to be. (30 x 70 area) He won't be paying for that. At this point, there is still a big pile a brush in the middle of the yard he is still planning on burning. The job is not complete.
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Old 07-29-2018, 05:30 PM
 
13,011 posts, read 13,038,222 times
Reputation: 21914
I understand that you don’t want to spend the money, but you bear some responsibility here too.

You acted as if you owned the property. You set flags on land that you had not purchased, and you contacted a dirt guy before you checked with the local jurisdiction on the legalities. You never called him when your plans changed. Most people would be thrilled that he was able to get to your job early. You are a bit different, because you planned poorly.

This guy did the work you asked him to do. You may decide to stiff him on his invoice, in which case he can file a lien on your property.

It’s up to you, but paying him the money you owe would be the ethical path.
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Old 07-29-2018, 05:45 PM
 
558 posts, read 433,850 times
Reputation: 1759
I had someone I had arranged to meet once I got home from work. When I got home, he had already done the work. That annoyed me, too, because I always like to discuss my expectations, etc.

But I just shrugged and paid him.
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Old 07-29-2018, 06:06 PM
 
643 posts, read 328,904 times
Reputation: 1329
Quote:
Originally Posted by fishbrains View Post
I understand that you don’t want to spend the money, but you bear some responsibility here too.

You acted as if you owned the property. You set flags on land that you had not purchased, and you contacted a dirt guy before you checked with the local jurisdiction on the legalities. You never called him when your plans changed. Most people would be thrilled that he was able to get to your job early. You are a bit different, because you planned poorly.

This guy did the work you asked him to do. You may decide to stiff him on his invoice, in which case he can file a lien on your property.

It’s up to you, but paying him the money you owe would be the ethical path.
I agree
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Old 07-29-2018, 06:53 PM
 
Location: Raleigh NC
25,118 posts, read 16,198,148 times
Reputation: 14408
Quote:
Originally Posted by beckycat View Post
I did also tell him that I would like to meet him at the property before he got started to walk him through everything. Maybe he forgot? I don't know what the reason was. I could have called him as soon as I found out plans changed but it was only a couple days before Saturday that I found out. He already started the work on Thursday without my knowledge and had a good bit of it cleared. It would have been too late anyhow. It's just frustrating when you budget for one thing and it's going to cost quite a bit more to have the rest done. I spoke to him on the evening of July 20th to hire him. I put a call into the county on Monday July 23rd to confirm set backs and had to leave a message. I did not get a call back til a few days later. The work was started on Thursday July 26. When I originally talked to him, he said he was booked for at least a week and a half to two weeks before he could start my project. I said that works out because the closing isn't til next week. Yes, he cleared it a day before closing. I am happy he got started sooner but bottom line, I told him I wanted to meet up before he started the work to go over everything. I plan on paying him for what he did. There will be trees that need to be replaced that were taken down that weren't supposed to be. (30 x 70 area) He won't be paying for that. At this point, there is still a big pile a brush in the middle of the yard he is still planning on burning. The job is not complete.
please re-read my last post, and go from there.

there's no way he could have known trees were taken down that will need to be replaced...since he cleared the area you had given him in the manner you wanted.

Absolutely, some risk was taken when he started clearing before you owned the place. Thankfully, nothing happened to make that risk real.

I think it would be germane to know what the original cost was, versus what he may have said now it would cost to clear the additional area.
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Old 07-29-2018, 07:51 PM
 
Location: Asheville, NC
12,626 posts, read 32,046,770 times
Reputation: 5420
I want to make it clear that I am planning on paying him what we agreed upon. I wouldn't stiff someone like that. I just want to come to some compromise to clear the other area I need cleared. There are still a few original trees that he left behind that he thought I would want on the edge of the property which still need to come out. They lean towards where the house will be. There's one big hardwood tree he left in the middle of the lot where the home is going that needs to come out. He's told me he has taken his big machine out so he considers himself done aside from burning the brush. Regardless if he does the additional work or not, he's going to have to bring his machine back to get those trees that were left behind.

Btw, the flags were put out for a perc test. They just happen to be on the corners of the lot and where the home and driveway were supposed to go. I was using them as a basic reference over the phone.
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Old 08-04-2018, 05:05 PM
 
Location: Asheville, NC
12,626 posts, read 32,046,770 times
Reputation: 5420
So, I wanted to come back with an update. I talked to the guy and asked for an estimate to clear the rest. I told him I just want to come to a compromise. We drove by the lot and he did clear the rest without an estimate. I was worried at that point because I had no idea what he was going to charge. Luckily, it only ended up being $450 more to clear the 30 x 60 area. It took him an extra day to do it and we thought it was reasonable. The work he did was very good but when it comes to communication, he lacks that. lol It could have taken a turn for the worse but luckily he was an honest guy. We were all satisfied in the end. Whew!
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Old 08-12-2018, 12:54 PM
 
480 posts, read 316,263 times
Reputation: 1089
Glad it worked out.
It is always nice to read a resolution on forums.
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