by pabloottawa » Wed Sep 08, 2010 03:40:09 PM
Hi all,
Just wondering if someone can please give me their professional opinion on this matter. To make a long story short here are the basic details.
Needed some plumbing work done, called XXX plumber.
Plumber came in and we discussed my needs. He took note of all the material he would need and reassured me that all my needs would be met.
Plumber returned with a helper the next day to do the work. Started at 9:15 and APPARENTLY ended at 8:15
2 days later I received an invoice reflecting a labour cost of almost $1000.00 reflecting 11 hours worth of work. Total on the invoice came out to over 1700.00
Went to check on the work with my general contractor and the work had not been completed. Parts were missing and rough ins that were needed for the general contractor to finish his end of the renovations had not been done. Furthermore, my contractor was extremely surprised that the work he saw took 11 hours for 2 people to complete. His exact words were "11 hours? that's bull$hit."
I sent a letter to XXX plumber explaining that I did not feel the hours worked reflected the work done and gave them a reduced cheque to reflect what I felt was a much fairer amount, a difference of $207.85
My question is; since nothing was signed prior to the work being done and no formal estimate was given verbally or in writing and since XXX plumber already cashed the cheque doesn't that constitute offer and acceptance???? And, since they accepted my counter offer by cashing the cheque, can they come after me for the remainder of the balance? I feel like they can't since acceptance has already been implied by cashing the cheque but I'd like to know if anyone here can help me out.
I really feel like they tried to rip me off and I really want to settle this out of court but on principle, I refuse to let these thieves think they can strong arm me by getting a collections agency to send a threatening letter.
Any input would be greatly appreciated.
Thanks for reading
Pablo