Contractor charges for equipment usage under false charge

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Posted by: from Barry
8/15/2016 at 2:16:22 PM

The contractor we hired to build a fence completed the job. However, the contractor is charging us twice for difficult post digging. First as per the contract, a surcharge of difficult post digging per hole and second, for the use of the equipment to do it. The charge was stated on the invoice as "rental equipment". When I asked the contractor for the invoice of the rental equipment, he said that it actually wasn't a rental, it was his own and he was charging me for the use of it. He said they decided long ago to purchase this equipment as to avoid delays in jobs as they are on a quota system for digging holes per day. The contractor misrepresented the charge on the invoice.

What are my options to dispute a charge under $200?

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Date/Time8/15/2016 at 3:07:03 PM


Tamara from Lynx Fence in Spruce Grove here.

Your options would depend on the form of contract in use.

In many cases, contracts do allow contractors to charge typical rental rates for owned equipment and vehicles (since they will require fuel, wear and tear and operators etc.)

What you should do is request a quote from a rental company for a similar piece of equipment. Then you could argue if there's a difference. They can justify charging what a rental company would, but if it's much higher, you might have some negotiation room.

Unfortunately, much of this does fall under unknown adverse subterranean conditions, and unless you can prove that you had provided them with a geotechnical investigation report before the project happened, you might not be able to dispute those charges either.

Sorry I couldn't give you better news!



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Date/Time8/16/2016 at 1:00:04 PM

If the job was more difficult that usual because of site conditions or tree roots, he is entitled to a bit of aggravation money.

If this is just a grab, then no.

A lot of context is missing from your statement...


Andrew Parker

Par-Tek Construction

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