Contractor Did Work Without Notice

[VAquestion]

My question involves a consumer law issue in the State of: VA

We signed a not to exceed contract with a local septic contractor. When speaking with the company we made it clear that we wanted to be home when they arrived to do the work. We had previously made this repair about 5 years ago on our own so we had an idea of what the problem was and the scope of work, just not the time to complete the work. We also wanted to be sure they didn't drive any equipment over our septic field.

When I spoke with the lady in the office after signing the NTE contract we scheduled for 12 April 2012.

When we got home on 29 March 2012, the work had been completed without any notice that they were coming.

I called the next morning and she claimed to have been moving from one office to another and didn't realize they had been out to do the work, that it had been on the board so they must have just gone ahead and did the work. I told her that I had made it clear that we wanted to be there. She apologized many times and said that she was moving offices so there must have been a miscommunication but that she was very very sorry.

Now we have a bill with several items vaguely listed for the max NTE price of $1000.

They did indeed use a piece of heavy equipment.

I called a family member that owns a septic company out of state and they said many of the items don't make sense and they gave me a list of questions to ask. I called back and asked all of these questions and am now waiting for an answer.

Do I have any recourse since they entered my property without permission?

I don't want to go to court over this but we feel very taken advantage of and with some of the work that was done it's possible they actually damaged something because they used the heavy equipment and we are now billed for that; but we weren't there so we have no idea what went on, what they found, etc.

[Mr. Knowitall]

You contracted for the work, they performed the work. The fact that you wanted to be there, a condition you discussed but chose not to insist be included in the written contract, is not a material breach of the contract.

It may be "possible" that they "damaged something" but courts work on evidence, not speculation. If you have no evidence that they "damaged something", let alone what they damaged or the cost of repair, a court won't grant relief.