Legal Question in Business Law in New York
I asked a plumber to come to my home because I needed my washer and dryer disconnected and reconnected a few days later after a new floor was put down. The plumber said the cost would $150 for the service. He did not give me a written estimate. . I then asked him to take a look at my heater to give me an estimate on something that needed to be fixed. He gave me a verbal estimate on this as well, but I told him to hold off on that job, because it was an expensive job. While he was looking at the heater, he told me I me the heater cleaned. I knew that I did, He said that I might as well have him take care of the cleaning of the heater so I wouldn't be charged for another service call from him or anyone else, to clean the heater. I told him to go ahead and clean the heater. He told me that he would charge $150 to clean the heater, and together the disconnecting of the machines and cleaning the heater was $300, and he gave me a $25 discount. I paid him by check, and he left me a receipt indicating that I had paid. He came back a few days later, when I was not home but my 23 year old daughter was, and he reconnected the machines. He then started sending me bills for another $150. The bills indicated that there was a $150 fee to reconnect the machines, in addition to the $150 I had already paid for him to disconnect the machines. I rechecked the receipt he left me after I had paid for his first visit and saw that he had written "disconnect the machines". But, he had given the receipt to me only after he had told me it was $150 to disconnect and reconnect and after I had already paid him.
Do I have to pay the additional $150? I fee that I do not. We had a verbal agreement of $150 for the disconnecting and reconnecting of the machines, and only after he reconnected the machines was I told it would be $300 to do the job.
1 Answer from Attorneys
When the plumber said $150 for the service, it was probably for a service call. There were two service calls for the washer and dryer. One to disconnect and one to re-connect; hence, $300. The work done for cleaning the heater was $150, which is separate than the work performed for the washer and dryer.
Mike.
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