How Do I Get Into These Messes
 

So I'm under the truck at my shop in my office building with the overhead door open. A beat-up Dodge pickup comes in and some guy gets out and asks how I'd like to have my parking lot resealed that afternoon for $1300. I told him no. He chats a bit, all the while I'm under the truck working on the wiring and giving him half my attention. Finally he says, "We can come back and do it this afternoon for $1000. I say sounds OK, call me at 4:30.When I finish with the truck I check my records and see the last guy sealed both of my lots for $1100, meaning he price is about double what I payed before. So I"m planning to tell this guy not to do it when he calls at 4:30. 4:30 comes and goes, no phone call. 5:00 no phone call. I've got dinner plans so I'm out until 9:00. When I drive back by the office the lot has been resealed. I get home and check my phone and he's been calling since 8:00. Now I'm going to have to deal with this flake and I'm not doing it until Monday. He can call all he wants, I'm going to enjoy my weekend.

Traveller con man. Have a shotgun ready if he comes back.

No contract, no deal. He can go pound sand. Hate cheaters.

Where is FastFred and what have you done to him?

Possession is 9/10ths of the law... You possess it now, so time to negotiate. ;)

Yep. :mad:

When you meet with the guy...............
 

Tell him that he did the wrong parking lot. Explain that even though the one he did is next to your building, you don't own it! Oh yeah, don't forget to bring a shotgun!

Probably would have been better to tell him to just leave his number and you will call him when and if you are interested. "Now beat it...I'm busy right now working on my truck."

However - this does not mean you did anything wrong - completely on him to do the work WITHOUT A SIGNED AUTHORIZATION (as it would be explained IN COURT).

Yep - he did the sealing job without a signed contract or verbal agreement.

Thus he is S.O.L.

That said....if your lot needed the sealing....you could offer him $500.00 as a negotiated settlement. If you go down that road though....put it all down on paper and include signatures.

My 2 cents.

Sorry, but I think you owe him $1,000.

This reminds me of the trailer thread, 'did you drive it on the road?'. Morally, you are on the hook in my opinion. Legally you are not.

What was your intention when you said 'call me at 4:30'? To set a time? To (re)negotiate the price?

In our business we never order materials or authorize work without a written quote/Purchase Order/Work Order. Not even for contractors we've been using for 20+ years. Also, no labor is authorized on any property we own without proof of insurance.

As Judge Judy would say, You ate the steak, now you have to pay for it......

Did he do a good job?

If so, give him $500 for doing the first half and $500 when he finishes the second half.

Tell him that you are very happy with his work and say that in this day and age that nobody does any work without some money up front and that it was nice that he trusted you so much. Remind him that he was supposed to have called and that you would have requested a little heavier application of sealer if given the chance.

Again, compliment him on his good work and ask when they will complete the rest of the job. Write him the $500 check and say he will get the rest when completed.

If they did a crappy job.....it may go south from there.

I'm alive and well, and I know you are going to be surprised, but I have had it out with the driveway re-sealers also.
They were trying to strong arm my Father in law his last year alive. He was clearly a sickly old man who was only working with half a deck.
He told them no 4 times, and they kept coming back at him with a lower number, and trying to hard sell him. He was getting agitated, and I could tell he was upset. He was ready to cave and give these slimeballs almost 4k. I got mad, and little rude, and asked them to leave. When I came home from work the next day, and they were working him over again, I just about came out of my skin.

Paving contractors are universally scheisters. I would have no moral reservation about telling him off. Plus I don't like BS high-pressure sales tactics.

He can't prove he did the work. The lot was like that already, wasn't it? ;)

I didn't want to stop working and do the contract at that time. I wanted him to call me to see if he could come back at 4:30 with the contract. I had no idea he would take "Sounds OK" to his price as a contract to do the work.

He may not come back alone.
May be a good day to have your ex-wrestler/ex-football player friends over for that long overdue get together.
This guy has the attributes of a traveller.

Call the cops and give them a heads up.
They have probably already had complaints.

Matt

A man is only as good as his word? A mans word is his bond? "Ok" means something different now? Just throwing stuff out there. Sad to see how far we've fallen.

^^^^^^^^^^^^^^THIS^^^^^^^^^^^^^^^don't care what state you live in as far as consumer laws go

Jeeeezus! Never ever agree to a verbal ANYTHING. Always tell them you need it in writing or don't even bother.

He wont come back alone. Either way, if he's stiffed he'll take it out one way or another. Might find one of your trucks covered in sealcoat one morning. If you're prepared, play a heavy hand of hardball.

Regardless, you have it, he wants to be paid. You have the hand. Use it. Pimp slap with it.

"Here's your $350."

"You said 1000"

"No, you said 1000. I said 350 for one lot. Prove I said different without a contract. Take it or leave it. You did it without my permission, you're lucky I dont file against you for criminal damaging."

Put the shotgun across your knees at this point.