Contractor bait and switch

[tank216]

I hired a contractor to do a 1 day job and before he started, I asked him how much he charged and he quoted me $35/hour. I agreed. Unfortunately, he did not give me a quote in writing to sign, which in retrospect, I should have demanded before work began. I do have several text messages that I sent to other people who have used him, asking them if $35/hour was reasonable and they agreed.

The job ended up taking 3 days and at the end, the bill was four times the amount we agreed ($140/hour). The contractor is saying he is charging me $35/hour PER worker, which was never disclosed, and is insane for the small amount of work they did. After asking around the community, this guy has a history of scamming people and last lost several lawsuits. I consulted an attorney who advised me to pay the contractor the amount I had agreed on, but I’m afraid he is going to take me to small claims court. Who would win if nothing was ever put in writing? Could I bring up his history of scamming others in court? He has also harassed me at home and work, and posted slanderous signs about me in public; we have filed a police report. Any help / advice would be appreciated. Thanks!

 

[tank216]

I am in the state of Missouri, by the way. Thanks

 

[Zigner]

I don't know what you're problem is. $35 per hour is what one worker gets paid. If there are four workers, then you pay $35x4. It really is straight forward. Shame on you for not paying what you owe.

 

[PayrollHRGuy]

Come on Zinger, who asks a contractor pays each employee?

The OP clearly should have gotten a written quote for the entire job but he did as and get a verbal per hour rate. The OP had no control over the number of employees the contractor would use.

 

[Zigner]

Come on Zinger, who asks a contractor pays each employee?

The OP clearly should have gotten a written quote for the entire job but he did as and get a verbal per hour rate. The OP had no control over the number of employees the contractor would use.

4 workers who work 4 hours each = 16 hours of work, not 4 hours (as an example). I agree that this should have been done in writing.

 

[PayrollHRGuy]

I understand that but the OP and nobody else I have ever met would ask a contractor how many employees a contractor was going to use unless the contractor said they were going charge by the man hour and the OP didn't indicate that.

 

[Zigner]

I understand that but the OP and nobody else I have ever met would ask a contractor how many employees a contractor was going to use unless the contractor said they were going charge by the man hour and the OP didn't indicate that.

...or didn't understand it. That's why, as you mentioned, having this in writing would have been a great idea.

 

[not2cleverRed]

I understand that but the OP and nobody else I have ever met would ask a contractor how many employees a contractor was going to use unless the contractor said they were going charge by the man hour and the OP didn't indicate that.

However, since there's nothing in writing, $35/hr is just what OP recalls hearing. The contractor might have said something that you and I would interpret very differently from OP.

I hired a contractor to do a 1 day job and before he started, I asked him how much he charged and he quoted me $35/hour. I agreed. Unfortunately, he did not give me a quote in writing to sign, which in retrospect, I should have demanded before work began. I do have several text messages that I sent to other people who have used him, asking them if $35/hour was reasonable and they agreed.

The job ended up taking 3 days and at the end, the bill was four times the amount we agreed ($140/hour). The contractor is saying he is charging me $35/hour PER worker, which was never disclosed, and is insane for the small amount of work they did. After asking around the community, this guy has a history of scamming people and last lost several lawsuits. I consulted an attorney who advised me to pay the contractor the amount I had agreed on, but I’m afraid he is going to take me to small claims court. Who would win if nothing was ever put in writing? Could I bring up his history of scamming others in court? He has also harassed me at home and work, and posted slanderous signs about me in public; we have filed a police report. Any help / advice would be appreciated. Thanks!

Clearly the small job was not as small as you thought it was.

If you do not pay the contractor, or underpay the contractor, and it goes to court, here are things to consider.
1) You did not have a written agreement. Therefore, where there are discrepancies between what you think the agreement was, and what the contractor thinks the agreement was, the judge would have to consider whose version sounds more credible. Additionally, any agreement that would violate law(s) is not enforceable. (You can't get much in the way of skilled labor for minimum wage or less.)
2) Your texts to others just show what you think the agreement was only show what you think the agreement was. It does not show what the contractor thinks the agreement was.
3) Do not throw mud about alleged past "scamming". It is not legally relevant.
4) Look up what the average cost is for the type of job you had done. If it really is supposed to take one person working alone less than 1 day, but your job took 4 people 3 days, what was the reason given? Be able to state why you thought that this job should have cost a fraction of what you were charged.

If by "harassing" you mean "asking to be paid", the solution is simple: pay him what he is owed. Or pay him what you think he is owed, tell him he'll have to go to court to get the rest, and ignore him.

If by "harassing" you mean threatening to kneecap you, etc., then yes, police reports and see about getting a restraining order. What was the nature of the "slanderous signs"? If it's saying you're a cheapskate... you are.

 

[tank216]

Thanks for the replies. Just to clarify:

-I met with him the first day and he did not mention how many workers he was going to use; all he told me was "I charge $35/hour"
-The repairs on the house were to replace the exterior trim / brick molding around 3-4 windows and power-wash the house; I felt like this would be a relatively straight forward job (as did he), and it went without any complications. You can imagine my shock when the total bill was $3200
-I paid him the amount I felt was fair; he has already cashed the check but wrote on the memo section "not paid in full", so I'm guessing he is going to pursue small claims court
-He has basically sent threatening text messages and showed up at my house and workplace (parked outside holding signs with my name and that I am not paying my bills); we have filed a restraining order and the police have paid him a visit

 

[PayrollHRGuy]

I think small claims will likely be the best place to settle this.