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Getting billed for removal of work done requested by the client? How legal is that?

I have done some post driving for a client. He wanted to save money so he decided to do his own wiring and provide his own posts. Within the first 10 posts we realised that the posts he provided was not strong enough for the condidtions (very rocky and tree roots). we immediate went over the the client and told him that the post are breaking (40% broke) and that we can not continue. He then told us :"do what you can, they have to go in" he then would go and exchange the broken once. We informed him that we would have to cut the posts shorter if we can not drive them in dep enough. He asked us to continue. We finished about a third of the job. The client phoned,said his wife is not happy and that some of the posts have not been driven in straight.next day. On arrival he could not tell us what part his wife was not happy with and he was not sure. He asked us to continue with the line and then sort it out with his wife later. We then finished the line. Now he doesn't want to pay us and send us a bill for removal of the posts as well as for the onece we had to cut shorter.
What is my legal right...and how legal is his invoice to us for the removal of the posts?

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I believe he must pay you for the work you have completed. He or at least his wife obviously inspected the job, and further instructed you to continue after the wife's complaints (instead of stopping the job) .. with THAT in mind, I believe he is obligated to pay you for your services.

If he didn't like how the job was going, he had ample time to stop you in your tracks, or at least allow you an opportunity to fix the problem. He can't have it both ways (getting the job completed AND then NOT paying) .. He may refuse to pay .. and you will have to take him to court but I don't think any small claims court judge will rule in his favour.

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He legally has no right to get you to remove the posts, and as far as I'm aware you have good grounds to sue, though knowing the legal system there may be some loop hole (there often is) which would keep you from being able to actually sue him. I would suggest consulting a lawyer on the matter.

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Would love to get a lawyer but the guy owes me less than a thousand and he is now invoicing me close to that for the removal by someone else??
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Well even if you don't plan on sueing him, you could at the very least consult a lawyer to make sure he has no legal grounds to make you pay for the removal of the posts. I'll say this much though, I wouldn't mind givin the guy a good left hook.
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thanks ;-) I agree but I am so disappointed with the whole thing. I really feel like the guy is trying to take advantage of me...
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Is he Asian by any chance? maybe Filipino or east Indian? Because I know culturally they often wont pay a person if they don't think they did a good enough job, as well as trying to go with the cheaper method. Not trying to be racist, it's just a cultural thing.
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No he is a New Zealander
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Hmm.. generally they're not to bad, so I guess it's a personality thing rather then cultural. Honestly I think consulting a lawyer may be the best option for you mate, at the very least it'll give you a somewhat satisfied feeling of closure on the matter.
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I think I will have to... thanks for your advice and support...
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Anytime.
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Hope it goes well for you mate.
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The client is supposed to pay for the removal of the bad conditioned posts. However, you might be subjected to contribute because you should have inspected the equipment he was to use because that is your profession. It is important if you get advice from a legal representative before taking any action against the client.

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The thing is he did inspect the equipment and told his client that the equipment wasn't any good, at which point the client told him to do it anyways. Though I highly agree with consulting legal representative before taking action.
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thanks for your wonderful advise. We did go to him and told him the posts are not up to the task. yet he asked us to continue (twice). He actually got the posts removed by someone else and now want me to pay for it. ???
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any time the customer wants anything different from the original quote, the contract must be changed and signed. if you do not agree with the changes they want, you can demand payment for the work completed that is compliant to the signed contract. I bet he's done this before and got free work done

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I think you might be right. It's a pitty there isn't a place where we can list his name so that some other poor bloke like me won't fall in the same trap as me...
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unfortunately, you may have to chalk this one up to experience. I'm not sure if a verbal change can hold up against something signed
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Get your information together and file a lawsuit in small claims court

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Thanks for your support. It seems like that is the only option. Why are there people like that in the world???
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Did you have any type if contract with the person? Without out a contract you may have a difficult time getting paid. You shouldn't be at all liable for the removal being you weren't contacted to correct work the customer felt to be inferior

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