Landscaper submits final invoice 35% over estimate without notice

Landscaper submits final invoice 35% over estimate without notice

Member since 2021 · 3 posts · 0 votes

Hello,

We had some landscaping work done. We signed an estimate that was part contract labor and part fixed fee. Total project 3.68 days, 1.68 days for the contract labor. The main terms roughly say "Contract Labor items estimated 1.68 days (13 hours) @ $xx day/rate. ..... the total listed above is only an estimated total, and can sometimes change. No where in the contract does it say that the cost will change without notice.

We get the final invoice and it is $3000 (35%) over the estimate price with a note saying the job took longer due to roots on the property. Based on the finalize invoice that is about 10 hours over bringing the total contract labor hours to ~23 hours. We disputed the overage because they did not notify us before hand.

He provided a slight discount bringing the overage down to $2000 (~20%) over the estimate, but basically says we are on the hook for the overage and that he had no duty to submit a change order since the scope didn't change (although the discovery of excess roots seems like a scope change). The whole project took 3 days so less than the total estimate, but labor items were almost double. This feels like a bait and switch.

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Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
5y

To me they cut the price $1000

I would happily pay and move on 

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    The contract said”....and can sometimes change”.  It did Not say they needed to notify you...what are they to do, sit around for maybe hours waiting for your okay?  It seems fair to me, hand work with roots takes many times as long. Doesn’t sound like bait and switch at all, seems legit.

  • New to Real Estate · Irvine, CA · Member since 2021 · 24 posts · 40 votes
    5y

    I had a similar situation with landscaping in my own house. The way we were explained is that discovering roots is not change in scope, since the scope is what you asked the landscaper to deliver. This is change in complexity and usually takes more hours to remove roots. We ended up overpaying about $2000 as well, but that was not 35% increase. More like 15%. Even though we were in the house while roots were discovered we were not notified until later when we asked why there was a delay. I feel your frustration, but does seem like a legit scenario to me.

  • Member since 2021 · 3 posts · 0 votes
    5y
    Originally posted by @Wayne Brooks:

    The contract said”....and can sometimes change”.  It did Not say they needed to notify you...what are they to do, sit around for maybe hours waiting for your okay?  It seems fair to me, hand work with roots takes many times as long. Doesn’t sound like bait and switch at all, seems legit.



    But the contract also didn't say that it would change without notice only that it could.

    They were onsite for 3 days and looking over the final invoice they were already over budget halfway through Day 2 and per the owners permission he kept track of the time and told the foreman how much time is left on the project.

    Also the reason we were wondering is the degree to which is over. If they were over 5-10%, we would have accepted it, but his estimate was off by 35% cost and 78% in labor and had ample time to inform us. They wouldn't have been just sitting around waiting.

    Seems like decent landscapers have good incentive to underestimate the work because they know they will make it up in the end. That is why we consider bait and switch.

  • Member since 2021 · 3 posts · 0 votes
    5y
    Originally posted by @David Korchak:

    I had a similar situation with landscaping in my own house. The way we were explained is that discovering roots is not change in scope, since the scope is what you asked the landscaper to deliver. This is change in complexity and usually takes more hours to remove roots. We ended up overpaying about $2000 as well, but that was not 35% increase. More like 15%. Even though we were in the house while roots were discovered we were not notified until later when we asked why there was a delay. I feel your frustration, but does seem like a legit scenario to me.

    Ok thank you. We have been getting advice to pay the remaining of the contract and see what happens, but I am not sure if I want to deal with that because we can't get a sold answer without paying for an attorney. We had a consult, but the information was limited although they provided the same advice.

  • Attorney · Austin, TX · Member since 2018 · 112 posts · 78 votes
    5y

    Follow the advice of an attorney who has reviewed the contract and the facts. But if you fight,  realize the contractor will say you did get notice: The contract said the price can change. What you didn’t get is pre-approval or the ability to reject a change order. That is something you negotiate in the contract before signing. 

  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    5y

    To me they cut the price $1000

    I would happily pay and move on 

  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    5y

    Unfortunately, this is business as usual and a not so fun part of the business.  They should have notified you prior to moving forward...and you may have had to approve and pay it anyway.  

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Something doesn't make sense.  You said they estimated 3.68 days, but 1.68 days for the labor and then they finished in under 3 days.

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    5y

    @Chris Smith

    So pay them and tell them it’s the last time. Find a company you like working with.

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