Legal Question in Consumer Law in Massachusetts
Contract termination and billing
I sent my landscaper a letter on March 27, 2007, letting him know that we are no longer using his services. His work had been shoddy and he was charging me more than the agreed upon contract cost of work. I sent him a check for the agreed upon contract cost, along with a letter reminding him of the agreed cost, and let him know that his services are no longer needed, effective immediately. Today I got a bill for services he claims he rendered in April. He must have gotten the letter, because the check, which was in the envelope with the termination letter, was cashed on March 30th. Therefore, I feel I am not responsible for any bills for services after the date he cashed my check. Also I feel I am not responsible for any additional payment that is more than the contracted cost. Am I correct?
1 Answer from Attorneys
Re: Contract termination and billing
Given that he cashed the check March 30, you have a solid defense to his claims for April services.
As to the amounts you say he chared above the contract price, that depends on the details of how those additional costs were handled previously.
Did you ever discuss the additional costs with him? And if so, what was discussed?
How long has he billed you for the additional costs, and when (if ever) did you pay him for those costs? (Again, were they ever discussed?)
If there was never any discussion about the added costs, and you never paid for any of the added cost, you probably are well within your rights to handle it the way you did and to continyue refusing to pay based on the original agreement.
Although unlikely, pay attention if e threatens to file a "mechanics lien" or a "lis pendens" action against your house. Whether or not either of these would ultimately be successful would not prevent him from filing them, and his doing so would cloud your title and irritate your mortgage lender, who could insist that you pay him to clear the title, or who could pay the landscaper themselves to get rid of the filing then pass the cost along to you.
Let me know if you need help.
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