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PLEASE HELP, contractor NOW wants money--- PART-2



DaddyMonkey@webtv.net (DaddyMonkey)
9/1/2004 1:15:54 PM


I am sorry...
I didn't know how to spell "frustrated"...
I went to "click" on the "spelling" button, but hit the "send" button
instead.
My apologies
Anyway, this guy is in the shed business.
I went to him for help.
The weather stunk, after he dropped-off the trailer.
FRUSTRATED with the weather, I called him to see if he could move the
dirt for me ... They said he was on vacation, and wouldn't be back
until the the end of August.
When I called back, he stated that he didn't want my bill to get
excessive.
.... Excessive? I said...
Yeah, we're charging you $89.00 per month for the use of the trailer.
I'm an old country boy... fair is fair with me! A $600 shot-out-of
the-blue can be expected with-in life, but if I had known BEFORE-HAND,
I would have hired a landscaper and paid the 200-300 bucks to kick the
dirt around.
I know it's been 5 months
I know he has his business
I know he should have told me of the charge, and I should have asked.
I think I'm gonna offer him HALF of his price of trailer usage($300),
since we didn't discuss the price before-hand.
 
 
"McGyver"
9/1/2004 11:29:23 AM




"DaddyMonkey" <DaddyMonkey@webtv.net> wrote in message
news:17183-413603CA-29@storefull-3112.bay.webtv.net...

This man builds, moves and sell sheds.
I first delt with him back in the late 80's, as he was bulldoze-ing
land for a pond. Insted of burning the wood, he sold me some (a
few
small pick-up truck loads)
Anyway, I had some sheds that needed to be moved because of some
landscaping needs and slight irragation problem, so
I called him... this was in March.
He dropped-off a trail for me to use.... I'm not sure of the
demintions.... maybe,
20 foot long by 10 foot wide, and 8 foot tall.... I then moved my
shed contentent into his trailer.
I had two single-axle dump-truck loads of dirt hauled in and
leveled.
This wasn't enough dirt, so I ordered a third truck-load of dirt.
This
was in April... and it' has rained evey weekend since.
We (central Va) have had over 24+ inches of rain so far this
summer.
I can only afford neighbors to help me move this dirt and that is
usually only on weekends.
FRUSTRATED with the weather, I called him to see if he could move
the
dirt for me ... They said he was on vacation, and wouldn't be back
until the the end of August.
When I called back, he stated that he didn't want my bill to get
excessive. ... Excessive? I said...
Yeah, we're charging you $89.00 per month for the use of the
trailer.
I'm an old country boy... fair is fair with me! A $600 shot-out-of
the-blue can be expected with-in life, but if I had known
BEFORE-HAND,
I would have hired a landscaper and paid the 200-300 bucks to kick
the
dirt around.
I know it's been 5 months
I know he has his business
I know he should have told me of the charge, and I should have
asked.
I think I'm gonna offer him HALF of his price of trailer
usage($300),
since we didn't discuss the price before-hand.
Good plan. If it work, it's a great plan. If it doesn't work, then
you owe $89 per month from the time you were told the price until you
give back the trailer, plus the reasonable value (which I think will
mean fair market value) of the rental for the earlier period, from the
time it was delivered until the time the price was set. $89 seems
reasonable to me, and I wouldn't be surprised if a small claims judge
enters a judgment for the owner equal to $89 for the full term. It's
your problem you can do the dirt work only on weekends, and your fault
you didn't get the price in advance. Don't expect a judge to feel
outraged about $89 per month. And don't be surprised if the owner
testifies that you were told the price on day one.
Plan A: Offer $300 and if it is accepted, pay fast and get the trailer
returned ASAP.
Plan B: If the offer is not accepted, pay the bill and get the trailer
returned ASAP.
Plan C: Keep the trailer until your work is done and then pay the full
charge at $89 per month. Get something in writing so the price
doesn't turn out to be higher the next time you call.
I would use Plan C, myself.
McGyver
 
 
DaddyMonkey@webtv.net (DaddyMonkey)
9/1/2004 3:27:51 PM


TRUE--- I don't expect the judge to feel simpathic to me....
I'm an old country-boy, fair is fair in my
book. I know that I have used this man's trailer for qulte some
time....and I know that I owe him something, I am gratefull to him.
But if I had just known BEORE-HAND of the charges being implied, it
would've put a fire under my A$$... I could have hired a landscper to
move the dirt - paid 200-300 bucks and been finished with it.... NOW,
I'm looking at a $600 bill.
 
 
DaddyMonkey@webtv.net (DaddyMonkey)
9/1/2004 4:11:46 PM


If $89.00 per month storage fee were never spoken, can I legally
change him $89.00 to keep his traier on my property?
God knows, I feel like such a jerk for asking such a question... but,
I'm looking for answers.
 
 
"David Martel"
9/2/2004 12:25:30 AM


Daddy,
He is not storing his trailer on your property. You are renting his
trailer and storing it on your property. So send yourself the bill for
storage. It does not sound as if this man is a friend of yours so why do you
not expect to pay him for the use of his equipment? When you asked him to
move your shed did he quote you a price?
Dave M.
 
 
DaddyMonkey@webtv.net (DaddyMonkey)
9/1/2004 10:34:19 PM


NO.
No words were spoken on behave of the money/charges to be paid/expected
for the use of his trailer. We didn't shake-on-it, Spit-on-it, sign on
the dotted-line, or nothing.
When I called him, he said he didn't want my bill to get excessive. It
was THEN that I learned he was going to charge $89 per month.
 
 
"David Martel"
9/2/2004 12:02:15 PM


Daddy,
OK, so you guys didn't discuss money to your recollection and don't have
a signed contract. Answer this, did you expect to pay the guy for moving
your trailer? I think that you knew this guy was in this business and should
have expected to pay for his services. Explain why you don't want to pay
this guy for his services.
You might want to check around on the price for trailer rentals.
Dave M.
 
 
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