And today I recd a letter from his atty - pay within 10 days or we sue and put a lien on the house.
[sigh.]
So here's where the biggest issue lies . . .
We had a verbal contract for him to care for the pool at a rate of $X per week, plus chemicals. Question is, what does "care for" include?
Timeline:
Week 1 -
Friday: filled pool with water. He was supposed to come that afternoon, but a relative of his died and he couldn't. (Understandable.)
Tuesday: He goes to pool and calls to tell me there are some spots on it. He isn't sure what it is.
Checks chemistry and adds a bunch of granular.
Thurs: adds algaecide.
Week 2: cleans and adds chems. Contacts me and says the spots have exponentially multiplied. He isn't sure what it is or what to do.
Week 3: cleans and adds chems; he takes sample to pool store and discusses. All chem levels are on target. He and pool store are perplexed.
Week 4: cleans and adds chems. spots have multiplied again. Tells me he'll do some internet research to look into it.
Week 5: cleans and adds chems. He couldn't find anything on Internet. Tells me to google it and see what I can come up with. (My thoughts were "why am I having to look this up? It's what I pay you to do.")
Week 6: I send him a link to how to correct metal in water from TFP. He tells me he's too busy and doesn't have time to mess with it. I find someone else to care for pool.
Week 7: new pool guy goes out and it takes him 8 hours to remove spots with vacuuming and a brush. Adds chems.
Week 8: new guy cleans and adds chems. no signs of any new spots.
Total invoices from old guy: $550.
Invoice from new guy for 8 hrs + chems: $400.
I tell former guy I'm paying him $150.
Former guy says I did not hire him to take care of the pool, but that I hired him to open the pool, balance the chems, clean it, and maintain it.
1. Am I correct in my thinking that the definition of "taking care of the pool" would include balancing the chems, cleaning it and maintaining it?;
2. Had he done the above things (properly) the "whatever" that was on the pool would have been reversed and/or would not have gotten to the point where it took 8 hours to remove it;
3. It was his responsibility to figure out what it was and correct it; and
4. He breached the contract when he said he didn't have time to figure it out.
The one single thing that makes me sway is his point that had he showed up on the first day and found a leak, would he have been responsible for repairing the leak? I do not think that would have been his responsibility.
Taking out the fact that lawsuits cost money and time to defend, have I done the right thing here?
[sigh.]
So here's where the biggest issue lies . . .
We had a verbal contract for him to care for the pool at a rate of $X per week, plus chemicals. Question is, what does "care for" include?
Timeline:
Week 1 -
Friday: filled pool with water. He was supposed to come that afternoon, but a relative of his died and he couldn't. (Understandable.)
Tuesday: He goes to pool and calls to tell me there are some spots on it. He isn't sure what it is.
Checks chemistry and adds a bunch of granular.
Thurs: adds algaecide.
Week 2: cleans and adds chems. Contacts me and says the spots have exponentially multiplied. He isn't sure what it is or what to do.
Week 3: cleans and adds chems; he takes sample to pool store and discusses. All chem levels are on target. He and pool store are perplexed.
Week 4: cleans and adds chems. spots have multiplied again. Tells me he'll do some internet research to look into it.
Week 5: cleans and adds chems. He couldn't find anything on Internet. Tells me to google it and see what I can come up with. (My thoughts were "why am I having to look this up? It's what I pay you to do.")
Week 6: I send him a link to how to correct metal in water from TFP. He tells me he's too busy and doesn't have time to mess with it. I find someone else to care for pool.
Week 7: new pool guy goes out and it takes him 8 hours to remove spots with vacuuming and a brush. Adds chems.
Week 8: new guy cleans and adds chems. no signs of any new spots.
Total invoices from old guy: $550.
Invoice from new guy for 8 hrs + chems: $400.
I tell former guy I'm paying him $150.
Former guy says I did not hire him to take care of the pool, but that I hired him to open the pool, balance the chems, clean it, and maintain it.
1. Am I correct in my thinking that the definition of "taking care of the pool" would include balancing the chems, cleaning it and maintaining it?;
2. Had he done the above things (properly) the "whatever" that was on the pool would have been reversed and/or would not have gotten to the point where it took 8 hours to remove it;
3. It was his responsibility to figure out what it was and correct it; and
4. He breached the contract when he said he didn't have time to figure it out.
The one single thing that makes me sway is his point that had he showed up on the first day and found a leak, would he have been responsible for repairing the leak? I do not think that would have been his responsibility.
Taking out the fact that lawsuits cost money and time to defend, have I done the right thing here?