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As an example of the opposite of this... We had a pond put in a number of years back. The guys that did the work laid out what they would be building, showed u

As an example of the opposite of this... We had a pond put in a number of years back. The guys that did the work laid out what they would be building, showed us everything, and we agreed on it. While digging out the earth for the pond, they ran into a boulder not too far underground. They spend about half a day fighting with the boulder, seeing if they could break it up, etc; whatever they could do to get it out of the way. When we went out to chat with them and see how the work was going, they told us about the rock and how it's being difficult. We told them we'd be fine with them changing the shape of the pond to just work around the boulder. They were happy about this because it made their lives much easier. The cost of the creation of the pond was set before they started work on it. They gained nothing by trying really hard to create what they said they would; other than the fact that they did a good job and had happy clients. But they spend the time trying to deal with the problem without any real complaints (the talk about it being difficult was a casual chat, not them coming to us to complain).

lazide 4y ago
They are obligated by law to do what they said they would, even at their cost, if above and beyond what they expected and not covered by the contact as a cost-plus, or risk losing their contractors license and being civilly liable. At least in the vast majority of US jurisdictions. You saved them a lot of hassle by being flexible, but were under no obligation to be. Smart contractors build in the odds of this happening in their contracts. Dumb ones expect everything to go right all the time, and then try to run away or cheat when it doesn’t. Or lose their shirts.
- RHSeeger 4y ago
  My point was that they didn't try to convince us to let them do something easier. They didn't even talk to us about it until we came out to see how they were doing. They weren't "happy taking the harder, longer route because it meant more money for more time". I was pleased with them and would recommend them any time.
  - lazide 4y ago
    I think you’re misunderstanding? That decision would have had to be before they signed the contract. No one knew about the geology. At the point they did, it was too late. It was great they didn’t try to avoid their responsibility, many would have!
- iudqnolq 4y ago
  > They are obligated by law to do what they said they would, even at their cost, if above and beyond what they expected and not covered by the contact as a cost-plus, or risk losing their contractors license and being civilly liable. At least in the vast majority of US jurisdictions. This is technically true, but misleading. They have to follow the contract, but the contract likely includes exceptions for unforseen issues. And while you can technically sue a contractor for breach of contract the only reason to do so in this situation would be spite. The rational choice if a contractor cheats you on a small project is to be sad and move on. (Google around and you'll find lots of people who learned that the hard way).

lazide 4y ago

They are obligated by law to do what they said they would, even at their cost, if above and beyond what they expected and not covered by the contact as a cost-plus, or risk losing their contractors license and being civilly liable. At least in the vast majority of US jurisdictions. You saved them a lot of hassle by being flexible, but were under no obligation to be. Smart contractors build in the odds of this happening in their contracts. Dumb ones expect everything to go right all the time, and then try to run away or cheat when it doesn’t. Or lose their shirts.

RHSeeger 4y ago
My point was that they didn't try to convince us to let them do something easier. They didn't even talk to us about it until we came out to see how they were doing. They weren't "happy taking the harder, longer route because it meant more money for more time". I was pleased with them and would recommend them any time.
- lazide 4y ago
  I think you’re misunderstanding? That decision would have had to be before they signed the contract. No one knew about the geology. At the point they did, it was too late. It was great they didn’t try to avoid their responsibility, many would have!
iudqnolq 4y ago
> They are obligated by law to do what they said they would, even at their cost, if above and beyond what they expected and not covered by the contact as a cost-plus, or risk losing their contractors license and being civilly liable. At least in the vast majority of US jurisdictions. This is technically true, but misleading. They have to follow the contract, but the contract likely includes exceptions for unforseen issues. And while you can technically sue a contractor for breach of contract the only reason to do so in this situation would be spite. The rational choice if a contractor cheats you on a small project is to be sad and move on. (Google around and you'll find lots of people who learned that the hard way).