Legal Question in Civil Litigation in Ohio

A local fence company quoted me a price on installing a fence. They installed the fence, and I paid the agreed amount. Now the fence company is billing me for more money because of "unforseen" additional labor. The "unforseen" additional labor was digging a hole for the post, but tree roots had to be removed. The tree was there when I was given the quote, so how is that "unforseen"? Shouldn't that have been taken into account? I don't think I should have to pay the additional money as you could see the tree, and you know trees have roots. What are my options here? Am I legally responsible for paying?


Asked on 6/24/10, 5:30 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

The answer will depend on if you signed a written contract and the terms included in said contract. If you did not sign a contract, it's a much grayer area. If the amount of money requested by the fence company is a low number, it may be worth it to pay. The cost benefit analysis of retaining an attorney and then litigating may outweigh the requested amount.

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Answered on 6/27/10, 5:53 am


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