Airjockie

Last year I had some yard work done...blah blah blah...

short story...I got quoted $1000 for yard work, contractor does more than approved work, and I get billed $4700+ for said work. I pay $1200...and forget about contractor. This year they try to sue me and my mortgage company, put a lien on my house, blah blah blah...

I email the state attorney....

I get phone call today that the contractor will drop the lawsuit, remove lien from house, and mark bill as paid.


Airjockie 1 Contractor 0

Airjockie

http://hondaswap.com/members-lounge/...-bigger-70775/

briansol

sweet

__________________
1997 2050sqft Split Level

eg6sir

haha.. nice..

Airjockie

here was the letter to the state attorney....


Dear CT State Attorney General.

My name is Clayton Pace, and I have a problem with a
contractor. I have a house in Meriden, CT, and I
wanted to have some work done to the property to clean
it up a little, and to get it a bit more manageable
for the up keep. My neighbor had a contractor come
out and perform some yard work for him, I liked the
job they did, and the prices did not sound too bad.
So I had one of their employee’s, David Murdy, give me
an estimate, and we walked around and discussed what I
would like done to the land. On a verbal estimate
that I was given it was about $1000 said. So I have
received their proposal, and there was nothing listed
but the prices for the equipment and materials per
hour/load. There was no written estimate on the
paper, and according to their proposal, 50% was due
for a deposit, and the rest due after the job was
completed.

In good faith, I went to their main office and paid
$600 for a deposit, and I was expecting to pay the
rest for $400 after the job was done. According to
their payment plans, it stated 50% down payment, and
the rest after the job was done. I got the receipt,
and then I was told they would come out to do the job
when the weather permitted on a Saturday. I waited
around 2 months, then I went to their office again,
and they remembered the job and said they will be at
my property that next weekend. They showed up, I
walked around with the guys showing them what I wanted
them to do, trying to explain that I wanted to have
the back yard and the front yard leveled and some
topsoil spread out so I won't have to rake out any
rocks. The owner of the company came out as well,
William Murdy, as well as the first person that gave
me the estimate, David Murdy. We all walked around
again and I implied many times that the vocal estimate
was for $1000 and that I have paid 60% of the estimate
for the deposit.

When the work started, I watched and I even took a
few pictures during the day to watch my land being
transformed. But I did not get good enough pictures
of what was going on. I had a stump that I wanted dug
up, and buried in another spot and that displaced dirt
and rocks should have produced enough fill in the
other areas that I wanted filled in. And I was
expecting them to doze over some humps to level the
area, but instead they just brought 30 yards of common
fill @ $8 a yard and dumped it in the area that I was
wanting plowed over to be leveled. I was expecting to
pay for a few yards of fill, a lot of tractor work,
and to pay a little more than what was quoted for the
work done and some topsoil, so I am not mad about
paying a little more for the job, since the guys did
do a great job. I was actually thinking of tossing
them $1600 for the complete cost. But when they
started bringing the screened topsoil, they just kept
bringing it and bringing it. I lost count of the
amount that they brought, and after the second or
third truck I started talking to the guys telling them
to ease up on the topsoil or to try and spread it
thinner or not to use it at all. They have a price
set for screened topsoil for $25 a yard. They brought
all that they had and it was listed at 104 yards when
I got the bill. When they were dumping it from the
trucks, I noticed many large rocks being dumped with
it. Most of it appeared to not be to well screened.
After they had finished the tractor work, they had to
rake more rocks out of it to make it appear that it
was screened topsoil. I did ask them to do a little
extra tractor work that was not planned with the
original estimate, but at no time did I ask for more
fill or topsoil.

The crew did an awesome job, but they over did the
job. Right before they left, they even tossed some
grass seed and spread some straw over the area in
front of the house, which I didn't even ask for and I
wasn't charged for it either. I was happy when the
job was done, but I feared what the bill would be when
they punch the numbers up. When I got the bill I was
not happy.

The estimate for the job was priced for $1000, then
when the bill comes and it's over $4700.

Out of good faith still, I went to the company and
wanted to talk to somebody, and only the secretary was
available, so I looked at the proposal and to cover my
bases since the 50% was on it, I decided to pay the
other %50 based on the previous deposit. So I paid
and have a receipt for another $600. So the total
amount that I have paid the company is $1200, $200
over the vocal estimate that I received, but still far
from even getting near the amount that I owe them, or
to get it down to an affordable range.

I have attached some links for all the pictures of the
land before and after, paperwork that this transaction
has produced for last year, and you can see from what
they have listed, what I was quoted, paid for 50% for
the job, and what the bill stands at for that time
frame. I have called your office, and one of your
secretaries suggested that I converse with them and
try to work it out before I email or call again, and I
did. They called me and they said that they could
lower the price for the topsoil from $25 per yard, to
what they paid for it as at $18 a yard, and that they
would lower my remaining balance down to $2500 that I
now owe. Which was a nice gesture, but it's still out
of my price range and far from the estimated price.

There was also a few other strange things that
conspired that day. In the back yard, I have dug up
and found about 14 old tires since I moved into the
house. The owner of the company told me that morning
that I was welcome to go throw them in a waste
container that he has parked at a nearby property
which he was performing renovations on. I declined
doing that because I have from past experiences with
the containers from the waste management companies in
the area, I know they charge for each tire they pull
out of the container at $15 each. I'm not sure if it
was a friendly gesture or if he was going to stick me
with more fee's or a lawsuit. Also some of the
employee's doing the driving was bragging about how I
used up all the topsoil that they had at their yard.
I kept telling them that this was a $1000 job, and
they just kept bringing it against what I had asked
for. When I told them that I have a bad back and I was
on workman's comp they all grabbed a rake and started
spreading and raking out the work they did and removed
all the rocks. I have no problem in paying them for
their labor, their gas for the trucks, the time that
they used for the tractors, and the other fee's they
billed me, but what I didn't need was a total of 134
cubic yards of fill and “screened” topsoil to level
out the yard which still looks relatively the same
before any work was done. I'm upset they went well
beyond what I had asked for.

I received a bill on or around 8/18/06, with an
adjusted final balance that I owe $2500. This balance
came into effect when I mentioned to them that I was
going to contact the State Attorney General. If I had
wanted a $4700 job done to my land, then I would have
needed to put $2350 down for the 50% deposit before
any work was performed. I feel that I was used to
just make the company a profit, and I’m sure they have
a good lawyer. I have talked to my neighbor that had
them do his lawn, and he said that they also quoted
him one price, but when he got the bill it was also
outrageously high as well.

On 09/26/06, I received a Notice of Intention to Claim
a Mechanic’s Lien that they would put a certain amount
of my house or property on a lien, from Matthew Ross,
a State Marshall that delivered it to my house. For
an amount that was not the same as the amount that
that I had received in a prior bill. The new amount
is listed for $3505.00, plus interest, attorney’s
fees, and the costs of collection was also listed, but
no set amount.

On or about 05/17/07, I received a notice for
collection from their attorney and was given a month
to comply with payment or legal actions to foreclose
on the lien will commence. That they will put a
forbearance on that said prior lien, with other fee’s,
interest, and taxes, that amount is now up to
$5,249.86.

On 08/03/07, I received a summons for a civil suit
with the State of Connecticut Superior Court. I have
to respond to the summons by 09/04/07. Wherefore, the
Plaintiff, Murdy & Sons Construction, LLC claims:

1. A foreclosure of the lien;
2. Possession of the liened premises; and
3. Such other and further equitable relief as may be
required.

I make decent money right now, but not enough to tack
that bill on to the other bills that I have, and I’m
going thru all kinds of stress every time I think
about them and this situation. I feel that I've been
fraudulently and excessively charged , and will
legally be ripped off for the money I work hard for or
still owe on. I find it hard to believe that they
would have the legal right to do more work than asked,
use more materials than agreed upon, and charge me for
work that I didn't agree to. I wanted a $1000 job
done, and in return, they did a $4700 job...a fee that
is not in my price range. And now the demand of the
above summons is greater than $2500.00 but less than
$15,000.00, exclusive of interest and costs. The
only work that I asked for that was above and beyond
the original agree’ed so called verbal contract was
for some extra tractor work that only took a few
minutes of their tractor operators time. Which I was
willing to pay for, and I feel that I did pay for
since I really ended up paying $200 more than what I
was first estimated for.

I work for Sikorsky Aircraft in Stratford, and during
the time that this landscaping project happened, I was
finally getting back on my feet from the strike we had
for six weeks, and I was also suffering from lower
back pain, as I was just applying for workman’s comp
at the time. I have also been publicly humiliated by
one of their employee’s while I was getting gas at the
gas station. An obscene gesture was directed at me
while the employee called out my shirt color in a loud
voice, causing other patrons of the gas station to
look at them and then to me. Since then, I don’t feel
safe shopping in the city of Meriden, and enjoying its
public places like I should be able to as a resident.
My wife was also diagnosed with Multiple Sclerosis in
the fall of that year. She was found susceptible to
stress, and when she stresses too much, it causes
damage to her nerve cells in her brain and central
nervous system. The last flare up she had paralyzed
her right leg, and her left leg went numb for a few
weeks and the only stress she had at that time was a
college mid-term exam. She recovered from that
episode and is fine now. I am unsure of what stress
she will endure if this case finalizes with a major
hit to our finances. She also does not work, and she
is a student at Middlesex Community College. I am the
sole provider for our household. I have been working
hard to keep ahead of our bills, and to bring up my
credit score from mid 500’s up to the low 700’s.

I also know that I will not have a fair trial if I go
to court. The plaintiff’s lawyer is also the probate
judge in Meriden. Also, the owner of the company is a
prominate person in the lions club and other clubs
that sponsor Meriden events, that also has that
certain lawyer as a member as well. Plus the
plaintiff is also on the City of Meriden Planning
Commission. Which I see as an un-ethical position for
a company owner to hold such a position. Also he has
filed this suit with my mortgage company as the second
defendant, and I am sure they are counting that they
don’t show up, and the judgment for the case with go
their way.

Below are some internet links to the gallery that I
have some pictures of the before, during, and after
pictures of the work done, and a few pictures of the
said documents. I work third shift, so I have all day
open if you would like me to visit you in your office
and we can discuss this case further and I’ll bring
all related documents. I’d like to know my rights,
options, and what I should do.

Thank you for your time.
Clayton Pace.






The gallery link.
yardwork...

The proposal/contract.
DSC00339

My deposit receipt.
DSC00362

The bill after the work was done.
DSC00363