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Can I bill for items called out to be cost plus 20% that owner purchased behind my back.

Florida

I am the GC on a single condo remodel. This is considered a commercial project by building department and the contract is with the unit owner. The owner has paid every bill next day until the final bill. Now they don't want to pay until they receive receipts for materials and paid invoices from contractors. This was never discussed before now and I don't have the material receipts they want and would not typically provide them as they have my special contractor pricing that is not to be released to the public as it causes obvious problems with everyone wanting that price. The trades are not paid in full as I need the final payment to do that and I have provide what is owed and contact for each trade to customer. Our contract also calls out I get 20% of cost and names items. The client went and purchased these items and then tells me they have taken care of it and not to worry but that's how I get paid. Can I bill for those items 20% and what to do about them wanting receipts? the bill has not changed for two months and several payments have been made with no question or request for receipts. On the paint in particular I charged the customer what it would have cost him to buy it and I delivered it to job. I feel I have been more than fair. Several small items where not billed at all.

2 replies

Oct 13, 2020
Interesting question. Sounds like the owner doesn’t like the prices and is informally cutting the materials out of your scope. The correct answer is going to be driven by the language of your written contract, especially with respect to the owner’s right and limitations on requesting change orders. Is there a written contract?
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Oct 13, 2020
No formal contract just a signed quickbooks estimate calling out how things will be billed.
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