PLEASE HELP Contractor NOW wants money!!! (little long)

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This 'man' builds, moves, and sells sheds.
I first dealt with him in the late 80's, as he was bulldozes-ing land for a pond, and instead of burning the hardwood, he sold me some...
Anyway... I had some sheds that needed to be moved because of landscaping needs and slight irrigation problems, so, I went to him for help. This was in March
He delivered a small truck trailer... I'm not sure of it's size (about 10'X 25', 8' tall)... and, I moved my belonging from the sheds into the his trailer.
I had two single-axle dump-trucks of dirt delivered, and then had a neighbor with a tractor spread the dirt out. ( This wasn't until End-April) This wasn't enough dirt, so I ordered another truck- load. It came about Mid-May... I covered the dirt with a tarp, and it has rained about every weekend since. (My neighbor works weekdays).
Almost 6 inches of rain fell within June again in July and by Mid-August... with over 9 inches of rain, I had become frustrated and called the shed-moving company and asked if there was a way for them to help me... even if it would cost me a few hundred dollars to help me have the dirt moved and levelled. <?>
They couldn't answer... because the owner of the company was on vacation until the 26th of August.
I'd planned on calling him today, the 30th of August, but, before I had called him, he had left a phone call on my voice mail. He says... in a nutshell that he doesn't want my bill to get too high ....and wonders "where we stand".
When I call him back, I apologized about he long delay and lack of communication, and explained my situation, with the weather and all....
He stated that there was an $89.00 a month "usage fee" for the use of the trailer and that my bill was getting excessive.
--I couldn't believe it... We never discussed a fee for the trailer before-hand...
I simply said that we never discussed a price for the storage trailer and that I wished we had discussed it before-hand...
He said, "What, did you expect it for free?"..... and I said " I didn't know one way or the other"....
I stated that " I wish we had sighed a contract" .... he says, "we don't sign contracts here"
He said... as he was dropping off the trailer... he was THINKING of renting- out those trailers , because of the I-Pod and other trailer rental agencies... We NEVER-EVER spoke about a rental charge for the trailer, and NOW he wants about $100 for the first trailer move (which is ok with me)... BUT, he wants about $550 for the trailer rental!
Am I right to tell him to "kiss-my-foot"... or should I "Be a man... suck-up, and foot SOME of the cost">?????
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<SIP>

What? Do you think those are FREE???
"Oh, sure pal! You can just use this for as long as you want for FREE! I'll just be losing the $89 a month I would nornally get from A PAYING CUSTOMER!!!!"
$550 is cheap! (Since March??!!!!)
Pay him or end up in court......
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Read the entire post before responding!
I clearly stated that HE SAID that he was "THINKING" of renting-out these trailers before he delivered it to me.
..end up in court? ..with no contract?
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If he is not gouging you then pay it. Call someone else to find out what it should have cost. You had prior business with him and apparently he thought there was some trust between you. Find a fair price and pay it.

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Thanks!
I don't feel gouged by his asking $89.00 a month, just a little betrayed... IF ONLY he would have asked for the price up-front.
It's true I had prior business with him in the past, but trust is a two-way street...
Would a fair price be 50/50 withOUT prior agreement?
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On Mon, 30 Aug 2004 20:08:33 -0400, snipped-for-privacy@webtv.net (DaddyMonkey) wrote:

A fair price would be whatever he tells you. When he brought you the trailer, did you tell him how long you were going to use it?
BB
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No. No time frame was given as to how long I was going to use the trailer, or how long I could keep it. As far as I now he could come by here, dump my personal property out of the trailer and tow it off... You hae made a very,very good point! Thank You!
This man has his business about 5 miles from my house and I am very sure he knows about the weather that has effected us within this area, being that he builds sheds,ect. We have had OVER 24inches of rain this past few months, rainning almost every weekend (alex, bonnie, charley, now gaston). This isn't "his" fault or "my" fault... it's just the way the 'cards land on the table'.
You've made a great point though...
HE never said how long I could keep it - I never said how long I'D need it...
Two sides to every coin, I guess Thanks
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I coulda swore I wrote "Sailor" for this last post... How'd it get to be for; "Art"? How'd it get to be Aug 31st?
You sailing on the other side of The Tropic of Capricorn? LOL
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If it where me .... and this is only an opinion .... and you point out that he never discussed a fee for the trailer .... and the fact that he waited this long to mention anything ... I would try and be fair and maybe split the requested fee of $550.00 if and only if you believe he is a honest person. If he is not a reasonable person, or argues this .... I would give him nothing at all and tell him to get the trailer off your lot before you charge him for storing it there. There is really nothing he can do ... there is no signed contract.

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xeroid wrote:

Where'd you get the screwball notion that contracts have to be signed? Only in a few specific cases (such as the sale of real property) does the law require written contracts.
A contract exists here - and will be enforced - for several reasons: Unjust enrichment, usual practice within the industry, delay the cause of the trailer 'renter,' and so on.
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Here in the country a handshake is good ..or at least a verbal agreement.
This contractor and I spoke NO words of trailer usage/money before-hand
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DaddyMonkey wrote:

1. You have his trailer.
2. You have had it for a long time
3. He could not use it while you had it.
Pay him for cryin' out loud!
-- dadiOH _____________________________
dadiOH's dandies v3.0... ...a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________
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There is no contract here. Contracts, written or oral, must contain certain elements such as a consideration, a definite time period, mutual agreement on the terms, competent parties, etc., most of which are missing here. Both of the parties were negligent in reaching an understanding. Seems it's time for them to agree that there was no mutual understanding and work out a reasonable settlement.
SJF
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We don't know whether there was a contract. We have only heard one side of the story.

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Believe me, there has not, nor has there ever been ANY type of contract, written, verbal, or implied. ..I wouldn't be going through this string of replies if it were not so.
I'm an old country boy... we didn't sign-on-the-line; shake on it; talk about it; spit on it; or nothing!
His business is close to my home. He knows, as well as I, how the weather has been. (24+ inches rain this summer).
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If the price is fair pay him , but let him know you didnt have to as no price was discussed. Fair is fair. If it is excessive that is different, better friends than enemies.
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Well spoken! Better friends than enemy
I think I'm gonna offer him HALF (50/50) and see what happens
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snipped-for-privacy@webtv.net (DaddyMonkey) wrote in message

Pay him. He provided a service, you used it. You owe him. It's got nothing to do with the weather.
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True, he has nothing to do with the weather.
I'd glady pay him if words were spoken, but they weren't.
As I stated earlier, If I had know BEFORE-hand of the cost, I could have easily hired a landscaper to move/level the dirt.
THAT would have been 200-300 dollars, NOW I'm looking at a 500-600 dollar bill!
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DaddyMonkey wrote:

You really don't get it...you expect someone you had one commercial contact with 15 years previously to provide you with something for nothing.
You say you went to him for help...what kind of help did you ask for? Did you ask him what he would charge for the help? If not, why in the world did you expect freebie help?
The man is in business. Businesses charge. The fact that "no words were spoken" is your fault, not his. Quit whining and pay up. _______________

And naturally you called the trailer guy, told him that your project was taking longer than you anticipated and asked him if that caused him a problem. Naaa, you didn't do that, you'd rather wait until your tractor owning neighbor has time to move/level it for free. ______________________

And the longer you screw around the higher it will be.
-- dadiOH _____________________________
dadiOH's dandies v3.0... ...a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at http://mysite.verizon.net/xico ____________________________
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