It wasn't an estimate -- it was a binding agreement.

He also attempted to overbill in other ways. For example, he
installed stove outlets (huge, 30 amp outlets) in a room
he knew to be a workshop with 20 amp outlets, then tried to bill
me for the cost of changing the outlets to what was specified on
the plans *he* wrote up. he also inflated the number
of outlets in the building by 30 percent.








In rec.woodworking Thomas D. Horne wrote:
: Goedjn wrote:
:
: Les Fingers wrote:
:
:
:How can an electrician develop a contract to perform electrical work
:and not understand the local code requirements. He needs to
:understand electrical work more than he understands contracts. This
:is called ignorance of the law...on his part.
:
:Sounds like you need to take the electrican and the documentation to
:small claims court.
:
:
: You'll lose, in court. If the extra work needed to be done, then
: it doesn't matter whether the cost of is was included in the original
: quote. Only if the original quote was both a firm quote instead
: of an estimate, *AND* it includes phrasing like "and any other
: incidental work" that implies doing whatever it takes to get the
: job finished do you even have an argument. And it's unlikely
: that both of the above will be true at the same time. Then,
: given that small claims courts are courts of equity, you're unlikely
: to be able to get the judge to let you make a profit off of the
: tradesman's mistake, unless you can show that he did it on purpose,
: or was exceptionally negligent or incompetent, *AND* that the
: resulting mistake cost you _extra_ money. Which it didn't,
: as the additional $350 is just what it would have cost you had
: he (or some other, smarter electrician) gotten the quote right, the
: first time. I suppose you might have an argument if you
: can show that $350 is excessive for a pull-box.

: On what are you basing this position? That would certainly not be the
: outcome in many states. Home improvement contracting is much more
: heavily regulated than most other kinds. As a licensed electrician I am
: responsible for the completeness of the job. If my work fails
: inspection my residential customer does not have to pay me for the work.
: State or local law requires that the work be executed to comply with
: code. It is the contractors responsibility to plan a compliant
: installation. Because a home owner has no way to judge the completeness
: of the proposed work the law in most places is that compliance is the
: contractors responsibility.
: --
: Tom


--

Andy Barss
Department of Linguistics, University of Arizona
Douglass 208, 626-3284