So I had some landscapers do some work in my back yard. Looks like an issue is brewing. What we had them do was clear the back of our lot (it was overgrown with weed, brush, small trees), get rid of a all the trash and debris (the previous owners used it as a dump almost. There were things like extra shingles from when they redid the roof on the shed, a tire, some broken up cement chunks, and the big thing, the pool filter that had been replaced), lay dirt to level the ground, and sod the whole thing. This was roughly 4000 square feet or so. Maybe a little more.
First problem, we originally asked them if they could get it done by June 12 (my step daughters grad party was June 14). They said yes. They had been working on it for a couple of weeks and it was getting close. June 11 all that was left was laying sod and getting rid of the old pool filter (this thing is a monstrosity. I can't budge it just trying to tip it over). No one shows up June 11. No one shows up June 12 and we email, asking what the deal is. Their response is "we mow laws Thursdays and Fridays, so we will finish on Tuesday." It really wasn't a big deal, because we only wanted it done for the looks. We weren't going to do anything on it. No biggie.
Next problem, they're not done Tuesday. They finally finish yesterday and we get a couple of emails. The first one says to the effect "we are all done. Here's the invoice" (for the full amount of the bid). Problem is, the filter is still there. Wife emails back "um, the pool filter is still there. Why?" Now, the bid detailed "all trash and debris." We confirmed via email, multiple times, this included the filter. She responds "the filter is cemented to the ground. The cement is connected to the pool house. We can get heavy equipment back there to remove it, but you will need to sign a waiver because we can't guarantee we won't damage the foundation for the pool house." Now I'm livid. The kicker is that they sodded all around the filter so I can't even see under anymore. It was previously surrounded by brush, so I have no idea if this is true.
I've slept on it, but I plan on calling back with the following message. Let me know if you think I should say more/less: The bid included the removal of the filter. I expect you to return, remove the filer, and replace the sod. I am not signing a waiver and giving you freedom to damage the pool house. If you cannot remove the filter, I will pay someone else to do it and reduce the amount owed to you by the cost of the removal, since it was included in your bid. It is not my issue if you did not properly inspect the job you bid before completing it."
It really ticks me off they completely sodded around the filter like we would be leaving it there as is, and left like the job was done.
Take a breath.
Yes, they should have inspected it better. However, maybe you should have pointed out that it was
cemented in - they probably didn't expect that, and by eyeballing it, figured it was just another piece of trash. "Trash and debris" would generally (and reasonably) mean taking away loose stuff, not demolition work. Before you make legal-type demands like "I'm deducting this from the bill", be sure their estimate/paperwork doesn't include any disclaimer. Most companies have some language to that effect, because when you're doing work, sometimes things you don't expect crop up. And even if they don't, if this went to court, I think "trash and debris" is going to be interpreted like I mentioned - loose stuff that's hauled away.
I know we're all defensive to keep from being ripped off by contractors, etc, but this genuinely sounds like it simply turned out to be a much bigger deal that they thought by eyeballing it (after all, had they know the full scope, wouldn't they have put the heavy equipment into the original estimate?) Still, they should have made you aware of this earlier "
Look, this thing is cemented in - we didn't know that when estimating the job - it'll take xyz more to remove it". But to expect them to eat it 100% and allude to "well, not my problem you didn't see that - it's in the paper, so I get it" is kinda wrong.
Be a good, understanding customer and try and reach a happy middle ground here.