Legal Question in Civil Litigation in California

Poolman bill double the verbal estimate

I asked a poolman how much it would be to clean my spa and get it

running again. He said it would be ''a couple hundred to clean it, and

$130 to clean the filter.'' I took that to mean $330.00. I agreed and he

did the work. While working, he asked if I would like him to clean the

cover. I said yes. A couple weeks later, I received a bill for $550.00.

Including $85.00 to wash off the cover! I sent him a check for the

original agreed upon amount. He has now responded with his version of

how the original conversation went, also adding that he hasn't charged

me for ''the weekly service'' that he claims I hired him for. I did not agree

to any such service. I could barely afford his original estimate just for

cleaning. He now says that if I do not pay, he will see me in court.

Is it my burden to have gotten a written estimate? or his to provide one?

And should I, in fact, ''see him in court''?


Asked on 9/16/05, 11:16 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Poolman bill double the verbal estimate

I shouldn't think you'd have to pay for weekly service if: 1) you hadn't agreed to that, especially in writing; 2) the duration of the "weekly service" was never specified and could run indefinitely; and 3) the weekly service had not commenced. I'd think you'd win if they took you to court.

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Answered on 9/17/05, 2:42 am


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