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

[DaddyMonkey]

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">?????

[Red Neckerson]

"DaddyMonkey" wrote

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......

[Art]

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.

[xeroid]

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.

[Colbyt]

You should swallow hard, suck it up and pay the man. The price sounds reasonable from where I sit.

Next time you will know to ask the cost before you contract for services.

I am sorry. I know this is not the answer you wanted.

Colbyt

[Bonehenge]

I'd find out what others get for a similar on-site storage trailer rental. Look under "storage" in your Yellow Pages. If his price is in line, pay it, if not, show him what others charge and offer to pay the going rate.

Assuming it's free is a stretch. Here in CT, you'd pay about $100 a month for a storage bin that size, possibly with a minimum rental period, plus you'd have to get your stuff there and back.

Barry

[JerryMouse]

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.

[DaddyMonkey]

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?

[DaddyMonkey]

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?

[DaddyMonkey]

Splitting the price does sound like the gentleman thing to do.. thanks xeriod!

However, this is someone that I have only dealt with once before. And that was 15 years ago, just to buy firewood... I doubt I'll be buying a shed from him anytime soon.

I liked the comment about charging HIM storage fees for having HIS trailer on MY property!!! Although I'm SURE it won't stand-up in Court... thank you for making me chuckle through this!!!!!

[BinaryBillTheSailor]

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

[DaddyMonkey]

A few years ago, I rented a drop-off trailer, and $89.00 sounds about right to me (mid-atlantic).

To me, it's like a mechanic quoting $200 to replace a waterpump on a car, and then later calling the customer back and saying that there's a $50 per hour storage fee (with NO prior agreement).

When I was on the phone with him I said "I wished we had discussed this earlier" and "I wish we had a contract"...

I did NOT say that I was going to pay him, NOR did I DENY him of payment...

Fair is fair in my book... no problem

..it's just those "out-of-the-blue/you-owe-me" that hurt.

[DaddyMonkey]

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

[DaddyMonkey]

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

[Art]

Tell him you are willing to pay him but you had no idea the monthly charge was going to be so high. If he recollects the same as you that it was not pre-negotiated and he is honest he will give you another offer and you have someone honest who you can do business with in the future. If he's a jerk about it then you will pay him and never have anything to do business with him again. By the way, if the guy is old, he could be a bit senile and think that you discussed it. All kinds of wierd things happen in people's brains.

[DaddyMonkey]

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

[dadiOH]

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

[dadiOH]

To the quick. Especially from someone you dealt with once 15 years ago.

-- 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

[Nate]

Inserted

"DaddyMonkey" wrote

Ahem. Time frame of 2 months? Oh, nevermind I see you're using your neighbor as an excuse.

What about the 2 months prior to the excuse of weather and all? You acknowledged the long delay. Trust me, we had worse weather than what you explained, and the construction world didn't come to a halt. You took on a responsibility, quit blaming everything. You should really immature by using every excuse you can. Neighbor works weekdays, rain, had a tooth ache, dog ate my homework.

Be a real man, live up to your responsibilities and pay the man _ALL_ the costs. What's up with being half a man? and the other half is nothing but excuses.

You're pathetic!

[DaddyMonkey]

He's about mid-to-late 50's... I'm 44. Good point about about the "senile" thing. Ya never know

I guess if I were to go to court... and I had to put a price of how much it would be worth FOR ME to go through all the hassle and stress... I think the price would be about 500 clams... maybe I should let it rest...

I think I might give him the fair price on the PROFIT of what he'd get on the trailer "rental/loan" and FULL price on the shed placement/movement.

Sound fair enough?

I think this sounds fair... Anyone wish to comment?

P.S. personally, I don't think he has 'beans to stand on' within a court of law!