business law help (not school)

[STONER-X]

ok so, i have this issue.. i am having trouble finding what part of the law will protect me from this issue...
-I had a tree removed more than a month ago (6-12-10)...

the cost $378 after taxes...

what was paid for
tree removal and stump removal..

what i received
tree removal (stump still there not removed)

here is the catch!!!!!!

they did not remove the stump BUT!!! i also did not pay them since the job was not finished they said that they were going to contact me to come back.. they have not... so i feel it is not my job to call them so they can finish there job.. plus they also broke fence boards which is no big deal $30 tops i can do that....

what i dont want is them coming back 6 months to a year later saying i owe them money.. technically i dont since the job is not finished...

MY REAL QUESTION!!!
is there a part of Texas law that will protect me? really i have the cash in my night stand attached to the receipt awaiting a phone call... BUT there is a point in time where i feel i may have the right to say NO the job was not finished in a timely manner

 

[Gadget]

You have a contract with them.

I believe in sticking to your agreements to the letter. I have always done so and I always expect others to do the same.

I do not believe you have to wait forever for them to complete the work. It seems that there is a breach on their part for failing to complete the work.

I would call them and ask them when they are going to finish the job and if they would rather not have them tell you so then I would consider the matter closed.

If they jack you around I would send them a registered letter demanding that they complete the work within say 3 days or you will fire them and hire another company. This is a notice of breach of contract for failure to perform. You are not obligated to wait forever for them to meet their obligations under the contract and you can fire them and replace them.

If you get the stump ground by someone else how would they come do the work and expect payment?

G

 

[xrnnr]

If you had a contract where you agreed to pay them for the work outlined (tree and stump) you probably wouldn't have to pay, or at least not the full amount. If they agreed to remove the tree and stump for the amount of money agreed upon and they did not remove the stump, that is a breach of contract. Im not to sure about texas law though since I'm from Canada

 

[Helimx]

why not just call them??

 

[STONER-X]

why not just call them??

well i could.... but my big and main threat of a falling tree on my house is now gone....

they came in late in the day... 2pm i had to call to see if they were still going to do it. the boss told me they were short staffed and they may or may not come today he then told me 3pm. then a guy called me and said they were coming "today" at 2pm it was the last job for the day... they started then rushed and broke some of the fence finished cleaned up and told me the guy that comes to remove the stump will call you and tell him to fix the fence... i asked about paying them he said to pay when they finish... and that was the last i heard from them.... i am torn i know i should call them to finish, but at the same time they should have called me..... im almost thinking that the guy told them that they broke my fence and they said.... uhhhhh a fence cost more than the job done so lets be done with it... ???... its really only a few boards and some nails... unless there is something that im not seeing.. but i was outside when the tree hit it... its still standing just has some broken boards....

You have a contract with them.


If you get the stump ground by someone else how would they come do the work and expect payment?

G

if it came down to me getting another company to remove the stump.. i would give the original company there portion minus the amount i paid the other company.. $378-$100=278

but really the stump removal is mainly just for looks soooooooo i really don't need it removed.....