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    #16
    Originally posted by RiverRat1 View Post
    And I swear there are nearly zero people that do good work anymore. It's insane how you have to stand right there and babysit or they can't do the simplest job.
    That's the truth. Especially without a signed contract and defined scope of work.

    Comment


      #17
      Originally posted by Take Dead Aim View Post
      Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

      The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.
      I had a contractor try and do that to me. He threatened not to finish the job and I took his azz to court. He lost and ended up paying my legal fees and another contractor to finish the job. With no change in scope of work, if you bid it low to get the work then you better be prepared to do it for that price. I have built several homes and 100's of remodels and have never once asked for more money because I under bid the job. Now if the scope of work actually changes then yes there will be a change in cost. Might go up/Might go down.

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        #18
        Since you didnt document any agreement...the only written “black and white” is the contractors invoice. I would cease all verbal communication and email to document if the dude goes squirrelly...which it seems has already happened. So...you need documentation to show a judge. Send an email, write a letter and mail it regular mail and certified mail which reiterates what was agreed upon and what was expected and what has transpired properly and erroneously.

        To show good faith to the judge and the contractor...you might consider paying him a draw of the original amount that would correlate with the amount of work properly completed. If he did it half way...pay half the agreed amount. It makes you look willing to pay for a properly done job to a judge...and youre being fair.

        Main thing is document...photos and writing.

        Good luck Sky.
        Last edited by Briar Friar; 12-17-2019, 09:03 AM.

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          #19
          Oh and I would tell him to fix it and he is only getting paid what was agreed upon. If he refuses to fix it, then don't pay him anymore money and either if x it yourself or pay someone to fix it with what is still owed the original contractor. Be nice with the 1st request and if you have to ask again tell him not to step foot on your property again and you will see him in court.

          Comment


            #20
            Originally posted by Codie View Post
            I would let him know that I would pay him his $4,060 as soon as he came back out and pushed the additional 2'-3' of road that it was going to take to get the edge of the road all the way to your property boundary because as the job sits now, you cannot build a fence down your actual property boundary as was requested from the start.

            Overages ARE to be expected when it comes to construction of any kind. Do I like it or think it is right? NO, but if you are doing construction of any kind and not expecting overages then you are setting yourself up for severe disappointment. I do construction loans for people daily and I have had 1 single construction project that did not go over what the original bid was for the project.
            Building construction possibly, but in 50 years of bidding tractor, dozer, and stump grinding ,etc., I've charged lower than original bid but never more. Tell him to pound rocks.

            Comment


              #21
              Originally posted by Codie View Post
              I would let him know that I would pay him his $4,060 as soon as he came back out and pushed the additional 2'-3' of road that it was going to take to get the edge of the road all the way to your property boundary because as the job sits now, you cannot build a fence down your actual property boundary as was requested from the start.

              Overages ARE to be expected when it comes to construction of any kind. Do I like it or think it is right? NO, but if you are doing construction of any kind and not expecting overages then you are setting yourself up for severe disappointment. I do construction loans for people daily and I have had 1 single construction project that did not go over what the original bid was for the project.
              Not trying to be a smart azz, but I always thought a quote was a firm price. Otherwise it's an estimate. Lack of anything in writing isn't ideal though.

              Comment


                #22
                I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
                BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

                I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.

                Comment


                  #23
                  Don't get me started on contractors. If I can one out of five to even return a phone call I'm amazed!

                  Comment


                    #24
                    I don't see much wrong with the pictures, unless the side he cleared was on the neighbors side??? A dozer isn't normally know for fine finish work.

                    Comment


                      #25
                      Originally posted by Take Dead Aim View Post
                      Disagree with overages. I have owned a construction company for 24 years and pride myself in knowing my business. If a person knows what they are doing they should be able to look at a plan or job and bid it correctly. What takes place in this industry is bidding job "low", getting the job and then change ordering the number back up to where it belongs. This is issue is caused by people always going with the cheapest number because they think they are getting a good price/product. Now when something truly changes within scope of work yes there should be a change up or down in price.

                      The job mentioned above should not have had any changes. Should have been an easy job to bid turn key.
                      This is 100% correct ! Only changes to what the customer originally wanted should change the price..........unless it’s weather related and the customer doesn’t want to wait. At that point the contractor gives the customer options and an additional fee and the customer agrees.

                      Comment


                        #26
                        Originally posted by Sky View Post
                        I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
                        BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

                        I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.

                        Are you sure he did the actual work or could it have been done by one of his guys?

                        Good luck.

                        Comment


                          #27
                          Some confusion going on in these various posts IMO. A verbal contract is still a contract and will be enough to go to court. With the crazy juries these days it’s up in the air as to who will win, but it’s still a viable contract.

                          It makes no difference who was actually running the dozer, if he’s working for the contractor, the contractor is at fault, and it’s his responsibility to control the work. After a lifetime of doing dirt work and clearing, ask me how I know !

                          Comment


                            #28
                            Originally posted by BrianL View Post
                            I don't see much wrong with the pictures, unless the side he cleared was on the neighbors side??? A dozer isn't normally know for fine finish work.
                            OP said the guy was well into the neighboring properties.

                            Originally posted by Sky View Post
                            I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
                            BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

                            I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.
                            Honestly, you are probably taking the cheapest route by doing it this way. Just make sure everything is documented like your time, mileage, cost of skid steer, fuel for skid steer, and amount of clean up you do (By the square yard). All of these things can be charged back to the contractor should he try to get more $ out of you in court. And don't get in a pissing match over email, because if you argue down to his level, you both will look bad in front of a judge.

                            Good luck!

                            Comment


                              #29
                              Originally posted by Sky View Post
                              I sent him an email back explaining what I asked when we started the project and what I got in return. I agreed to just pay him $3500/25hrs at 140/hr and for him to not come back to fix anything as he is not welcome on my property anymore. I think that is more than nice enough after being shafted like he did me..
                              BUT so help me GOD if he makes a fit about that, I will take him to court and hang his *****

                              I will be renting a skidsteer this weekend and fixing it myself.. I hate that it is so hard to find good help/contractors these days.
                              You are way nicer than me....

                              The amount he would be getting from me is his original price, minus whatever I paid to have someone else fix his mess.

                              And I would have him sign a release prior to him receiving that amount.

                              The real wild card here is the damages to your neighbor's property.

                              Have you had a discussion with him about fixing what your contractor messed up?

                              Comment


                                #30
                                First.....

                                DETAILED pictures/video of EVERYthing that's in dispute. That's your evidence that he didn't do the job.

                                Secondly....

                                Detailed pictures/video of a couple of areas where he did the job properly. Compare and contrast.....

                                CALMLY meet with him (IF he'll meet with you) and show him the pictures. CALMLY explain to him the issues. Hopefully you guys can reach some type of amicable resolution.

                                I conceived, designed, raised the capital, negotiated the property acquisition from a major national corporation, dealt with all the government agencies {PITA), located and negotiated the contractors, etc for a multi million dollar golf facility. It was a long and VERY hard proposition. Between the government and contractors it was an ordeal. (NOT all of either....some were great and easy to deal with)

                                Things I learned from dealing with contractors....

                                If they're not bonded it's a non starter..

                                If they want 50% up front, walk....probably robbing Pete for Paul....

                                Have your ducks in a row....detailed plans, pictures, and bid specs the moment you first meet a contractor. This GREATLY helps a reputable contractor.

                                Be ON site and QUIETLY watch them in action. If you see ANYthing you don't like speak up, but, to the GC or job sup.

                                And, MOST IMPORTANTLY, prepare a contract containing all job specs in GREAT detail. Word of mouth deals will very often go sideways.....the reason is there are TWO mouths involved. You'll often times have issues WITH a job WITH a signed contact, but, at least you have some solid recourse.

                                Once the contract is signed be calm, patient (to a point), and work with the contractor/contractors within reason. However, be prepared to CALMLY hold their feet to the campfire IF they're not performing in a satisfactory manner.

                                There ARE a LOT of outstanding contractors, but, there are a LOT of false prophet BS artists too. The latter, in my experience, low bid and underperform.

                                I have a buddy in Dallas who is very, very wealthy, He's developed several housing developments from scratch on his own properties. (Plano, Frisco, etc) The first one he did he lost a considerable amount of money. He gave me two pieces of advice while viewing all of my plans and budgets and it was the following....

                                "Whatever you think it'll cost raise 50% more." You're probably going to go over budget so have the funds to cover it.

                                "Don't let a dollar chase a dime."
                                Lowest bid isn't normally the cheapest in the long run. Reputable contractors are normally going to be more expensive up front, but, they'll normally do a better job and more efficiently with less hassle. (saving YOU money over the long haul)

                                I feel your pain....boy do I....i hope you can work things out. If you can't at least it's not a large amount of money. It's a shame the contractor didn't honor his commitment. It's a VERY common story....
                                Last edited by Slicefixer; 12-17-2019, 11:46 AM.

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