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Question DetailsAsked on 1/24/2018

I want to make review.

Shady tree man . Does not have a last name . On your list. Tornado tree services. He jacks up price . After the guy is in the tree.

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If a contractor tries this - you have two possible situations going on. First, if the addition is for a claimed extra work item or more extensive work, you can say no and tell him to stick to the original scope and price - or you can accept it if you agree to the extra work, or negotiate the price for it with him - but you do NOT have to accept his proposed change of scope or price.

Secondly, if a contractor claims you owe him more money than agreed upon for an unchanged scope of work, then just refuse. And this is where having the bid in writing comes into play - because him trying to up the price for the same scope of work is breach of contract at least, and depending on circumstances might be civil and/or criminal fraud as well. Just because the guy was up in the tree did not commit you to having to pay more for the same work - you could have told him you had an agreed upon price for the job, so you are not paying more and if he won't do the work as agreed to leave, without any payment. He cannot unilaterally change the scope of work or the job price.

This is also why it is important to have a written, signed and dated firm price bid or contract from him up front - so the scope of work and price is documented so you don't get into a he-said, she-said situation based on just verbal pricing. Also, you want it (for a defineable scope of work like a tree service job) to be a frim price bid, not something written as an "estimate", which is not a firm price committment. Note many times contractors use an estimate form to give a price, which has contract terms on the back and once signed and dated by both parties becomes a contract - so pay attention to what you are receiving / signing.

If you think this was a bait and switch thing, you could file a consumer fraud complaint with the local fraud unit - police department in some cases, at district attorney's office in others. If this happened to me, and I felt he was just trying to scam me by demanding a higher price, I would just call the police and file a criminal fraud charge against him - which would also get a police report on the record about it for documentation of the complaint and issue.

Answered 2 years ago by LCD

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