Lesson Learned
I had a similar experience last season with a business acquaintance that owned a local mechanic shop. Being from PA, a commonwealth, a verbal contract is legal and binding. Long story short, the mechanic and I made an agreement for my company to clear a large overgrown lot, the mechanic would do some repairs to vehicles in my fleet, and there would an exchange of money coming either way depending on the work completed. I provided a written estimate to him for $XXXX including the demolition of a house on the property and excavation work included. We began the work, he continuously changed the work plan, add-ons, leaving the house, installing a gravel driveway, etc. He did work on two of my vehicles totaling a little over 5 grand. I was shocked. 5 grand for some front end work on a one ton dump and a some front end work on a small 4 cyl quote car. I took it in stride. I billed the mechanic for removing 30 large trees, over 200 smaller trees, and removing stumps with the excavator, and grading the entire lot for X grand (10 grand under bid). He would nt pay up despite our agreement. I took him to small claims court and won. He appealed and I have since spent over 3 grand in attorney s fees and the litigation has not even gone to deposition. Lesson in the end? Contracts, contracts, and contracts. I would nt cut a tree for a friend or family member even without a contract. I utlized the arguement that why would a contractor complete work without the authorization of the home/land owner? What would we have to gain by doing work we are not contracted to do? Surely, we are not working for free. In PA, the verbal agreement is binding and it would help significantly if you have witnesses and any other paperwork to back you up in court if necessary. Hopefully, you settle out of court without the large attorney s fees. In the end, the lawyers get the gold and we get the shaft.
