Hello, my contractor went over allowances and estimates; for example, he put in 5K for counters, and is charging me 10K; estimated electrical to 1.6K, and is charging 8K. Put allowances for shower doors at 2.8K, and charging 4.2 K (on stuff he ordered). Also, he claims a lot of small adjustment made during the work added to the expenses, but did not provide me with a change in order. He did provide change in order in writing for certain items (eg upgrading to metal beam) and I have no problem with that, because I approved them. But his final bill came at 30K over the contract, and only about 12K were approved by me. What is my recourse here?
He also took 6 mo for a 2 mo project, 2 mo based on his estimate and on similar projects in the neighborhood......Read More
We are a contracting company (not construction, more field data acquisition and technical services, but the situation still applies) that generally charge Lump Sum. Our clients almost always also want a "daily rate" stated as well even though we are biding as Lump Sum. On longer jobs (over a week or two) it sometimes becomes apparent that we can complete the work in a shorter amount of time, maybe a day or two earlier, usually due to favourable conditions. We are then faced with a client that is expecting us to charge less because we finished early. This forces us into an unfair situation where we are either expected to make less money for doing our job more efficiently or make sure we use up the whole time we anticipated. In these situations, we generally opt to acquire slower so that we will take the entire anticipated time in the end. Is this a reasonable thing to do? How can we change our contracts to protect our interests if we might end up finishing early? Thanks!...Read More
We are a landscaping company and are trying to get this one customer to pay us! I understand that we are going through a pandemic and all, but we haven't received a penny since May of last year. We have sent demand letters and such, but they have ignored everything we have sent. I just found out that the customer sent an email TELLING US that we will charge him $35 an hour like we quoted him (Which I can guarantee that we did not, as we do not even charge our clients that amount!) ...Read More
One side of my bathroom wall was wet due to the pipe leaking in the building. The condo Association fixed the leaking.
Contracted SERVPRO to drying the wall. They said the wall needs to rebuilt. To do so, all vanities in the bathroom needed to be removed and restored (cost on homeowner) after wall is built (cost on Association) and painted (cost on homeowner). One change on me was replacing bathtub with a shower during restoration for total $8218.09 (Insurance reimbursed me max of police $5,000 for mitigation and restoration. $3218.09 is on me for replacing tub for shower)
During the process, they took out my entire bathroom new “wooden” floor out without asking me and persuaded me to accept tile floor. I was living on their mercy once they took down the entire bathroom
Project was “finished” on Feb. 2nd. I gave them a list of items along with images that were not restored correctly. One of them is a piece of wooden floor outside the bathroom was popping with cracks.
They tried to fix the popping floor without success and more pieces of the wooden floor outside the bathroom are popping and poking.
They admitted taking entire bathroom floor down was a mistake by word(xxx should never take entire floor off), phone (offer me $600 off), email (saying damage cannot be avoid because I didn’t pay enough to laid the original floor correctly)
They added additional charge $1821.84 on the invoice for doing the works (taking down entire bathroom floor) that I didn’t ask and trying to fix the damages (floor outside the bathroom) caused by the works I didn’t ask them to do
On Feb. 8th I paid total $8218.09, disputed the additional charge $1821.84 , turned down the offer of another estimate to take down the entire area of damaged floor for a fix
The company sent me Notice of Intent to Lien
As an individual consumer who has no power, leverage, or privilege but being a victim, threatened and bullied. I need a lawyer who has interest to protect a non-elite consumer
My GC has given me a change order (about $5k) which I believe is not justified and is actually contrary to the specifics outlined in the contract. If I refuse to pay this CO, the GC is likely to walk off the job; much work still remains and it's not in my interest for him to walk off the job at this point. I have abided to all my obligations and have paid promptly in the past. Can I unilaterally place the amount in escrow, or does the GC also have to approve the escrow option? What is the process for informing him of escrow? If it does go into escrow, when would we eventually address this and what are methods to resolve the dispute -- arbitration? small claims court? hold back from final payment? mutual agreement? other? I'm thinking of a real estate settlement company to hold the escrow? Grateful for your suggestions....Read More
I hired a contractor to build a deck on my home. I paid a 50% deposit. Within 2 days, my situation changed and I needed to cancel the project. The contractor is refusing to return the deposit. No materials had been ordered. There is no cancellation clause of any kind in our general agreement.
Can he refuse to return the deposit?...Read More
Say If was working for a builder in scheme contract where appointed on an hourly rate. is the builder able to holding a sum of money and then after a letter of demand claiming they have to carry out reworks.
is the builder entitled to hold this sum and if there is reworks should the contractor be given the opportunity to rectify the works? ...Read More
The general contractor was fired from the job in progress. The homeowner is stating that the GC was paid for the work we provided however, we have not received any payment. Since the GC is no longer working for the homeowner should we or could we change the bill to or responsible information to the homeowner and file a lien? The homeowner would like us to finish the project with our company just not the GC....Read More
I'm an environmental consultant and collected 2, 4oz jars of soil media and with an oral agreement to submit the soil to a lab, which I have an account. There was 8 total analyses for literally hundreds of compounds totaling $1,300. There was urgency on behalf of the Client and these samples would help to define the subsequent proposal and cost estimate. The Client is now saying that he did not order the analysis, says he ordered the analysis to stop and won't pay. He was to late to stop the process of analysis. There is a definite "shelf life" or technically a holding time of 10 days. Please advise....Read More
I hired a general contractor to redo my bathroom, and do a walk in shower. I requested a signed contract but he ignored my request, but furnished me with a detailed estimate. The floor of the tiled shower was not pitched right, neither was the shower threshold, and water was pooling. He redid it once and still not right. I hired a professional tiler to redo/repair it and it cost $1500. We discovered he had tiled over tile the second time! I also had the tiler replace the threshold at the bathroom entrance which was crooked which cost $290. He had also walked off the job with the doorway unpainted and back splash to vanity not installed.
He only deducted $1000 off of the bill for shower repair. He added costs to the bill unexpected like $100 for installing the toilet holder and mirror. $50 for "adjusting window" that wasn't on the estimate. He had told me he would take $500 off the bill in May for the fact we had 110V for washing machine (a European all in one) and he had priced for 220V. He didn't in the final invoice. He charged us $100 to vacuum up the debris that fell on my downstairs kitchen ceiling (that has a removable panel in case of plumbing issues) when he has "cleanup" as a part of his estimate.
Now he is saying unless he gets the full amount he invoiced me for, he will place a contractor's lien on Monday. I have just been approved for financing for a line of credit but haven't closed yet. I am worried this will mess that up. I planned on sending him a detailed certified letter and paying him the balance after deducting the cost of the tiler, and maint man to finish painting and install the back splash.
I have been told I have the Right of Recoupement. Can he still file a lien without a signed contract? I want to deduct the larger amount for the shower repair, plus the other things I mentioned, but don't want a lien on my hose. He will NOT negotiate at all. What can I do?
Our remodeled started in October 2019. Was supposed to be completed March 31, 2020. Before Covid hit. Contractor was already behind schedule. Now 16 months later. They are wanting more money to complete phase 2 of project. I have already given them more than 1/2 of what is owed and afraid they will drag this job out another year and blame it on Covid. I have explained to them . I will not release anymore finances until job is completed. Now they have threaten they will not start until I give them more money. They are supposed to start on Monday and finish March 31st. 1 year later? My elderly father has been inconvenienced and has cost us out of pocket over 35k on top of what we have paid them ... pls help !...Read More
I’m a general contractor and my company was hired to do a refurbish on a historic home to fix structural issues and replace the porch that was rotting and unsafe. My main GC and master Carpenter and designer did the site visit and estimate which the client approved and hired us. As the jobs go, there were issues that were discovered during demo. The client was notified whenever new issues were found and discussed fix options, verbally agreed to recommended fix actions and our crew completed necessary work to fix issues. These issues had to be fixed in order for the original agreed upon work could continue. My GC said he had more than one conversation with client about the additional fix work would add more days and expenses. The client’s response was that of which my GC thought she understood and we were to complete the extra work so we could get back to our project. So I billed her for the additional work days and she doesn’t want to pay the amount over the original estimate. She even wrote a check for the amount she had left to pay on original estimate and made t clear that was the last payment she was making and told the GC to leave the worksite and not to do any more work. So they left and the project wasn’t completed. Now I don’t know if I can demand payment for the costs above the estimate due to the work they had to do to fix issues in able to continue work on porch and structurally. Can you please help me ASAP. I have asked before and never got a response and now deadlines to pursue payment via mechanics lien are coming and going and I’m afraid to pursue the mechanics lien if I legally can’t charge the client...Read More
This is a question when doing business in the state of Utah.:
When we do a “remodel” that’s a cash payment to a general contractor(from a home owner)….and our contract is with the general….then the general doesn’t Pay his subs…what’s the best and quickest legal way to get our money….we did NOT FILE A PRELIMINARY NOTICE because it was a remodel (total gutting out of an existing home).