What should I do?

[wesheltonj]

(1) This post does not create an Attorney-Client Relationship (2) This post has only general legal principals (3) Consult an Lawyer.

First, no written Contract? Can it be performed in under 1 year - answer is yes then oral contract - maybe. Next, what was the alleged agreement on cost overruns/change orders, etc.? None? Did she discuss what is common here - rock charges?
Sounds like you have a basic breach, he cannot preform the contact because of some reason, I do not know not enough facts. Do you have to pay - maybe.

Cheapest for you to split the differance. What is the additional amount? Might be cheaper to pay the whole, then a lawyer to sort it all out. Office time for interview to get all the facts, plus letter about 2 hours - $300 to $600. My charge is $225 per hour.

[gcantu]

Thanks for all the responses. When my wife spoke to him the first time, she explained to him what our home builder told us, 'If you decide to plant trees, make sure to get the biggest possible machinery because it's solid rock!' She was up front with him on that. I would understand if she left that one tid bit out, but she made sure he understood. We actually tried getting several quotes from different companies, but none would do it because of how she explained the situation to them. He stated he could do it and quoted us his price. His only job was to dig the holes and plant the trees. We actually purchased the trees from a wholesaler so they did not factor into the price one bit. Once he figured that the job was going to take something bigger, he went out and brought it in. At no time did he explain to my wife there was going to be an added cost to bring in the bigger equipment. He just went out and got it. I don't mind paying him what he quoted because that is what we budgeted for, but the additional cost I think he should have explained to my wife before adding it in. I have a meeting with him this afternoon to see what kind of agreement we come to. Again, thanks for all the replies and have a safe Holiday!

George

[mikedelgado]

I live on a big sea of limestone also and have a green thumb. bad combo. I dig the biggest hole I can 1st. which usually isnt that deep. then I take the garden hose with a sprayer attachment and remove as much dirt from the root ball as possible. this helps pot bound specimins and greatly decreases the size hole you need.then I backfill my wimpy little hole a little with a sandy loam/compost mixture that I purchase by the truckload. Its like $28 a yard delivered.(cheap!!) and grows lants like a mo fo.then I place the basically bareroot specimen spreading the roots out then bring in the motherload of dirt and raise up the entire area and blend as best you can with the surrounding area. this leaves a little hill which blends in as time goes byand elliminates any real backbreaking work.

[Morena_Model]

lol well typically a bigger piece of machinery being needed...I would automatically assume that the cost would be higher especially if it's being rented but of course, people speak without actually thinking about the long term. So tehnically since nothing was in writing and if there weren't any witnesses when it happened then no you're not obligated to pay the cost of the extra machinery/labor. Plus, as a company, if they wanted to get paid then obviously it's their obligation to provide you with that costly information before hand. If she was ever given any papers with prices or company information it needs to be re-reviewed to see if it stated anything about a higher price for another rental. If not then like I said...no you're not obligated to pay any extra costs. My best suggestion is to no longer use that company and to seek an attorney. You may want to ask the company for any pamphlets or information on the company that you can use if you do decide to go with an attorney before it gets sent to collections and ruins your credit. You may also want to document any situations you may have with the company word for word if you can just in case it comes to bite you in the butt later on. If you can't afford an attorney, local Colleges can provide students majoring to be lawyers that can help you with that for free. Good luck to the both of you!

[wesheltonj]

Please note, those that say you do not owe the amount (1) do not have all the facts and (2) most important are not Lawyers. Consult one. I am not saying that you owe or not.

Their are theories that someone can collect besides contract. QM, Unjust enrichment, mistake, etc.

Colleges cannot provide students majoring to be lawyers to help you with that for free. College do not have students majoring to be lawyers. Law schools do and there is only one in San Antonio and one in Austin. St Mary's does have a law clinic where third year law student help the "poor" ( I do not know the guidelines, but an educated guess is that owning a home off 281 you might not be qualified) with legal problems under under the direction of Profs. that are lawyers.

[jroescher]

Office time for interview to get all the facts, plus letter about 2 hours - $300 to $600. My charge is $225 per hour.

Probably best just pay up, or least offer to pay 1/2.

[BIGBIRD123]

I am not a lawyer but I am a construction supt and a former contractor. The only thing I can say is that whether you pay or not, they cannot remove the trees once installed. I had a client that decided to not pay me the remainder of an agreed upon price. I threatened to remove the brickwork that he had not paid for and the authorities told me that I legally could not do that...once installed, it cannot be removed. I agree with consulting a lawyer and some will 3even give a free first visit.

HTH
Steve

[wesheltonj]

They might not be able to remove that tree, but they sure can place a lein on your property.

[Morena_Model]

In my own experience and a different situation...there are students majoring in law at local colleges that are top of their class that were able and willing to represent in court. Seeing as how people can represent themselves without having a law degree, students also have the same ability...and all it cost was the experience of representing someone for future reference. But yes, if it's not paid, they can place a lein on your home which in some cases may cause foreclosure.