- Jurisdiction
- Minnesota
I am seeking advice on how to proceed with a situation with a clueless, unprofessional contractor who has wasted my time and is now trying to bill me for a restocking fee for returned equipment, something that was not in any way, shape, or form agreed upon in advance. Both myself and the contractor are in Minnesota.
Attached is the two-page K, the invoice I received in the mail today, and the job work order attached to the invoice. Identifying information has been redacted.
The short story, if you don't want to read the timeline, below, is that it became such a hassle to work with this baffoon that, knowing that he cannot put a lien on my house, I simply moved on. Then, today, two and a half months after the last correspondence, I received an invoice for something not in any way, shape, or form specified in the K.
I need advice on how to proceed. I am fairly certain I do not need to pay the invoice. But, at the same time, I am not 100% certain that if I do pay it, he won't come after me for other fees in the future. And finally, I am concerned that if he is not sent a letter, he could argue that I did not dispute the charges in a timely manner should a legal fight ensue.
Full timeline and details below. What do I do? This guy has caused me literally dozens of wasted hours and a lot of unnecessary stress due to having to sort things out myself, try to hire other HVAC people at a time when they were needed for actual cold-weather emergencies since this was dragged out so long, etc.
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Attached is the two-page K, the invoice I received in the mail today, and the job work order attached to the invoice. Identifying information has been redacted.
The short story, if you don't want to read the timeline, below, is that it became such a hassle to work with this baffoon that, knowing that he cannot put a lien on my house, I simply moved on. Then, today, two and a half months after the last correspondence, I received an invoice for something not in any way, shape, or form specified in the K.
I need advice on how to proceed. I am fairly certain I do not need to pay the invoice. But, at the same time, I am not 100% certain that if I do pay it, he won't come after me for other fees in the future. And finally, I am concerned that if he is not sent a letter, he could argue that I did not dispute the charges in a timely manner should a legal fight ensue.
Full timeline and details below. What do I do? This guy has caused me literally dozens of wasted hours and a lot of unnecessary stress due to having to sort things out myself, try to hire other HVAC people at a time when they were needed for actual cold-weather emergencies since this was dragged out so long, etc.
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10/24/20
The contract was signed after the contractor stopped by to assess my situation and discuss a few aspects of the project with me.
Almost a week later...
I called to clarify an outstanding decision point as well as get a date on the calendar, and he had an "oh, I forgot to tell you…" for me. Had I known this in advance, I would not have hired him. His excuse was that he doesn't know my city's codes (he's only 25 minutes away, too). He said that if I had questions, I need to call my local inspector.
Two weeks later. Now we're in mid November...
I got through to my local inspector, and I followed up with the contractor with what I learned. The contractor was still uncertain, so he said that he would talk to somebody with the state. I basically was telling the contractor he was wrong, and he was telling me he didn't believe the inspector, whom he told me to call myself and who outline
One to two weeks later -- Late November...
I tried to reach the contractor via both email and phone on a couple of occasions but was not able to reach him or receive a response.
December 4 (one day shy of six weeks after signing the contract)
I received a call from the contractor's wife, who said, I kid you not, "He called me to tell you that he's going to do the job the way you want it done, and then he will fix it when the inspector doesn't approve it." I pushed back, explaining that's now it this works. I asked if he read the email, which he asked me to send. I explained that I hired this out so that I can have an professional / expert do it and that it is wrong to have me talk to the inspector and that the contractor needs to follow through on his word.
Today, 2/20/21...two and a half months of no contact later...
I received the invoice and work order in the mail. I am flabbergasted!
The contract was signed after the contractor stopped by to assess my situation and discuss a few aspects of the project with me.
Almost a week later...
I called to clarify an outstanding decision point as well as get a date on the calendar, and he had an "oh, I forgot to tell you…" for me. Had I known this in advance, I would not have hired him. His excuse was that he doesn't know my city's codes (he's only 25 minutes away, too). He said that if I had questions, I need to call my local inspector.
Two weeks later. Now we're in mid November...
I got through to my local inspector, and I followed up with the contractor with what I learned. The contractor was still uncertain, so he said that he would talk to somebody with the state. I basically was telling the contractor he was wrong, and he was telling me he didn't believe the inspector, whom he told me to call myself and who outline
One to two weeks later -- Late November...
I tried to reach the contractor via both email and phone on a couple of occasions but was not able to reach him or receive a response.
December 4 (one day shy of six weeks after signing the contract)
I received a call from the contractor's wife, who said, I kid you not, "He called me to tell you that he's going to do the job the way you want it done, and then he will fix it when the inspector doesn't approve it." I pushed back, explaining that's now it this works. I asked if he read the email, which he asked me to send. I explained that I hired this out so that I can have an professional / expert do it and that it is wrong to have me talk to the inspector and that the contractor needs to follow through on his word.
Today, 2/20/21...two and a half months of no contact later...
I received the invoice and work order in the mail. I am flabbergasted!
