Ray identified the problem quite well--many contractors fail to
clearly identify the scope of their contract and services thereafter
and we, as consumers, all too often assume any problems are
automatically covered by the original contract. However, for a
contractor to just submit a bill for services with no discussion as
to cost prior to doing so is just plain BAD customer service.
Not sure of rates in your area, but $75 to remove a stone (even in
the winter) seems excessive, unless you are way out in the boonies
from his location. Additionally, there is the question as to
whether the contractor was negligent in not removing the stone in
the first place when the fence was installed. Was the weather
unusually cold in your area this past winter so that he couldn't
have possibly foreseen the problem? If not, then the possibility of
negligence remains, but proving it for the small amount would be
hard. I assume you've tried to get him to cancel or reduce the bill
on your own and he refuses (if not, I'd start there). You might see
if your town or county offers arbitration resolution that you can go
to (often free).
If not and you still feel taken, by all means file a complaint with
the Better Business Bureau. Simply spell out the facts as you've
explained them to us--they'll give the contractor a chance to tell
his side and come to a mutually satisfactory arrangement or the
complaint stands in their records.
As to defamation--where people get into trouble is by name calling
or use of perjoratives (scammed, shoddy work, etc) when talking
about the business. Taking ads out in the paper definitely crosses
the line, but filing a complaint with a local consumer reporter and
allowing them to invesitigate doesn't. There is absolutely nothing
wrong with telling someone who is considering using the business,
that you were unhappy with that business' work and why and that they
refused to rectify the problem as you perceived it--just be careful
to stick to facts.
In the end you may have to pay this guy his $75, but I'm betting the
rest of the work you have planned will be done by someone else.
Maybe he doesn't need the business that bad, but if he treats enough
of his customers in such a cavalier manner, the eventual loss of
good will (a business' heart and soul) will catch up with him
eventually.
Marci (who used to resolve customer complaints like this for a
living--I did the negotiating and relied on the experts for
technical assistance)