On May 28, I contacted Mr. Rooter because I needed my septic tank emptied. The septic tank had…read morepreviously been emptied on at least two occasions by other companies for approximately $500. Mr. Rooter sent two technicians to my property. Before beginning, they advised me that the charge would be $1,000 to uncover and access the septic tank. I agreed to that charge.
I was physically present throughout the work performed on May 28. After uncovering the septic tank, the technicians told me that the septic-tank cap was already broken and would have to be replaced. Based upon that representation, I ultimately agreed to pay $2,000 for the entire job, provided that the septic tank was emptied and the work was completed.
I subsequently learned from Mr. Rooter's own May 29 report that its technicians had actually broken the cap in order to gain access to the septic tank. This is directly contrary to what I was told while I was present at the property. The technicians could simply have informed me that they believed it was necessary to break the cap to access the tank and asked for my authorization. Instead, they represented to me that the cap had already been broken and needed replacement.
Approximately one or two hours later, before performing any substantial additional work, the technicians informed me that the price would now be approximately $5,000. They did not provide any satisfactory explanation for this extraordinary increase. At that point, I told them that I would not authorize any further work, that I no longer trusted their representations, and that they were to stop working. I told them that I would hire another company if necessary.
The technicians stopped work and contacted their manager. The manager came to my property later that day. I discussed the matter directly with him and made clear that I was interested only in having the septic tank emptied and the job completed for the agreed amount of $2,000. The manager expressly assured me that this would be done.
By the end of the day on May 28, the septic tank had been emptied, the cap had been put back in place, and the work was completed. The manager then collected the agreed payment of $2,000 and left. There was no discussion at that time of any remaining balance, additional authorized work, or any further amount that I owed.
Mr. Rooter now appears to have created additional charges allegedly relating to work performed on May 29. I did not authorize any additional work on May 29, and no such work was performed with my consent. To the contrary, the work I authorized was completed on May 28, and Mr. Rooter's manager personally accepted the agreed $2,000 payment upon completion.
Mr. Rooter's own original billing supports my position. ( see enclosed) Its initial demand expressly described the work as having been performed on May 28 and acknowledged receipt of the $2,000 payment that same day. The attempt to characterize additional charges as arising from work on May 29 is therefore inconsistent with both what actually occurred and Mr. Rooter's earlier documentation.
The $2,000 I paid was already approximately four times the amount I had previously paid other companies merely to empty the septic tank. I agreed to that increased amount because Mr. Rooter's employees represented that the septic-tank cap had been found broken and required repair. Mr. Rooter's own subsequent report, however, states that its employees broke the cap themselves in order to access the tank
