This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to firstname.lastname@example.org...Read More
I am a subcontractor. I signed a subcontract agreement with a general contractor. Prior to ever even mobilizing, dealings with this contractor have been a very bad experience. No materials or labor have been purchased for this project and id like to just cut ties and walk away. Will i be bound by the signed contract. No monies have been paid out or invoiced....Read More
I was hired on a public project to replace the metal roof under a contract from my company to the township of summit county ohio board members. It was a parts and service building next to a police station that we agreed on a certain amount. I also put about 2000 extra dollars into the project. Long story short they swindled me and ended up not paying anything on 7700 dollar invoice. this was completed in June of 2020 and shortly after during my attempts to get paid I came down with covid and it kind of mixed everything I had going up. Im not sure if I even have the right to still pursue and I was hoping I could get some insight on those rights
What can a homeowner do when a contractor lies about being a certified installer of fiber cement board siding and did such a poor job the manufacturer states the poor installation voids the 30-year warranty? We also ask for a particular siding manufacturer, and without talking with us he decided to go with a different manufacturer, even though the manufacturer we requested was written into the contract.
The same contractor hired a painting company and their work was so poor the paint manufacturer also will not grant us the warranty.
In both cases, the contractor only warranties his work for a year. He also refuses to correct any problems because in his opinion he did the jobs correctly.
He also tried to write a new contract and gave us only 48 hours to make our decision. Now understand this was different from the contract we signed for the bank construction loan.
Please help us understand if we have any rights against the contractor. ...Read More
My contractor was paid entirely under his contract for work performed. His contract did not include gas line work for my construction project and we needed to hire a subcontractor for that, the original contractor said he had someone that he uses and verbally quoted us for that job. The work was preformed and completed and then he invoiced us $600 more than the quote, when questioned he stated the amounts were justified and valid. They actually were uncharged on his end for the service of contacting the sun-contractor. As it also happened he, (original contractor) had two issues that had not been resolved from the end of his completion of work. We refused to pay anything else until all was resolved, he finally the original contractor came back almost 3 months later to try to fix/correct issues. He then filed a mechanics lien against us, as he had not been paid for the gas line work. He also used the last day of labor as the day he came to correct the original issues in which had nothing to do with the gas work performed.
My question is: would this put him outside of the 60 days to file as the job was invoiced and completed (gas line) and a separate issue from the original work that needed corrective issues completed, in which he still had not completed? ...Read More
I contacted a gentleman who did repairs on my roof. He worked for a company called Storm Service Solutions in Cortland, Ohio when he did my roof. I texted him and asked him if he did bathroom repairs, he said yes. He came to my house and told me it would cost $1,250 (cash only) to repair what needed to be fixed. After a few more text messages asking how he could guarantee that he would come back to do the work once I gave him half down (the other half due upon completion of the work). He said he would give me a written contract and a receipt for the money I gave him. This all happened from 2 p.m to 6 p.m Friday, March 13, 2020. I agreed to have him do the work through a text message for him to do the work. I told him I would have half the money on Saturday morning. At 8 a.m. on saturday morning I texted him to postpone the repairs, because the county I live in closed all schools due to the coronavirus. I told him I wanted to wait and see if my job was secure. He said in text, I could not cancel because he already special ordered the materials. I asked him to cancel the order he said no. He showed up to my house and him and my husband got into a yelling match. My husband told him to leave the property. They guy called the police and said my husband verally assulted him. Then a few hours later I received another text telling me that if I did not pay the $403.26 for the materials he ordered he would file a lien against my home for $5,500 which includes interest, legal fees, breach of contract, and verbal assault. I told him there is no breach of contract because I never signed a contract and never gave him any money. He then texted that because I agreed to have him do the work through a text message, that was the contract. Furthermore, he said not to contact him again unless it was to make payment arrangements for the $403.26 to be paid in full for the materials. Can he do this????
Everything was done through text messages!...Read More
We are a sub. The CG put up a payment bond.
The bond covers 2 projects. The bond lists the GC as obligee for "Artificial Turf at Multiple Sites (Blake , Lennard). I set up each project separately in Levelset since I believe you can only have one project address. Would I need to file separate claims for each location or can I create a project in Levelset where I can just file one claim?...Read More
I have worked along side of my brother providing quality construction and remodeling services. We have recently came across a project where we used our concrete guys and was able to pay $9,000.00 for their work and labor... Our company still owes $6,000.00 to our concrete guys, but the home owner refuses to pay me the remaining $14,000.00 How do I get paid which will resolve all this moving forward?...Read More
I am in the commercial furniture business (workstations, chairs, conference rooms, etc.). When working with a general contractor, as opposed to a direct end client, the GC frequently ask for lien waivers from our furniture manufacturers. We try to explain that furniture is personal property (not real property) and therefore we and our manufacturers can't file a lien if we don't get paid. 1) is this correct? and 2) is there language in the Ohio code that I can reference that states liens can't be filed on personal property?...Read More