Has anyone started work for someone, and then reconsidered? I have completed phase one of a small remodeling project, and have numerous concerns about the homeowner.
For instance, she told me in a conversation that she is “psychotic”. I was taken aback as you might understand. I won’t bore you with all of the details. Suffice it to say she does not have realistic expectations.
I plan to return what remains of the original deposit, and say “goodbye”.
Any advice to offer?
The Breaktimer formerly known as “Steve-O”
“Preach the Gospel at all times; if necessary, use words.” – St. Francis of Assisi
Replies
I once did a rooftop deck job for someone. I was convinced that he was a cannibal. He always made lunch for us, though the food was unrecognizable and smelled really disgusting. I would never eat it and threw it away. Freaked me out some to say the least. We finished the job though and he paid in full.
Did he serve chiante and fava beans?Birth, school, work, death.....................
http://grantlogan.net/
LOL, I once asked him if he liked Chiante, with the movie in mind. He reminded me of Michael Caine's character in Dressed to Kill, when he dresses in drag. To this day, I still think he was cooking something illegal.
sounds like you got the cold shoulder or baked beings
This means you forfeit all money? and the work you have already done?
????????
I don't know what the contract says, but you could land in deep doo-doo as far as the judge is concerned. She would have had to have demonstrated some pretty bizarre behaviour to win release from that job, in my mind. For a job already started, you could be required to put iot all back the way it was before, and to restore her money. Could be cheaper to finish it, and to brush up on your people skills.
Welcome to the
Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
the total project: $ 4,039.08
phase one: bedroom work: $ 888.61
phase two: hallway trimwork: $ 928.98
phase three: family room work = $ 2,221.49
I received a $ 2,000.00 deposit to start work. I've completed the bedroom work. Nothing else is torn apart. I plan to return the $ 2,000.00 deposit, less the bedroom work portion of $ 888.61, which results in returning $ 1,111.39.
Incidentally, I've been self-employed in the residential construction business for over 20 years, and this is the first time I've had an issue like this.
The Breaktimer formerly known as "Steve-O"
"Preach the Gospel at all times; if necessary, use words." - St. Francis of Assisi
If you have a contract, I would certainly provide a release document for her to accept.
But, why not finish the work? She seems to be a paying customer if not a good one.
My advice would be to finish all the work and get paid. Like Pifffin said you could get some trouble down the road. Something that wouldn't hurt is to keep a diary of her actions and statements with dates and times, if something goes wrong after the fact it might help to establish a history of her behavoir.
I would sign a release with her dissolving your old contract. It says that in return for her refund, you and she are done: no lawsuits, no bad talking, etc.
If you just refund her money and quit, she can still come after you and she'll win.
I've got a copy of one if you want it.
You just approach her and tell her you need to be done. If she won't sign it, you really don't have much of a choice but to finish, imo.
Thatta girl!
Steve , ya need to listen to her . She does this stuff fer a livin . Not the work but this stuff and more . Thats why she gets the big bucks . <G> AKA Ubuildit.
Tim
I think SquarePeg has a good approach. I used a similar idea for the same situation one time. I wrote an addendum to the existing contract that modified it such that I was paid in full, the customer accepted the work, and we would have no further business with each other.It doesn't happen very often, but if you stay in this business long enough, you will meet some nut jobs.
I am going to respectfully disagree with all the responders fearful of a lawsuit. Your resolution sounds completely reasonable to me, as it will to a judge and her lawyer, should it go that far, which it won't.
If you think she is psychotic, what makes you think her lawyer isn't going to make the same assessment? He dosen't want her work either.
I'd take my chances with a sane lawyer and a sane judge verses an admitted psychotic anytime.
You're smart to take your chances and cut your losses. 99% of successful contracting is customer assessment and you're learning.
I had a new house construction customer sobbing that I was the only one who worked on her house who knew what he was doing, as she was on her hands and knees, scrubbing the grout on her Kitchen tile floor with a toothbrush. Nuts.
But if you don't get a release, there's a chance that you'd have to defend the claim. Why bother? Best to get out with no hard feelings and no future worry. Only way to do that is to talk to the client....
Thanks again Christi for helping out! You da man, er, woman! ;)
The Breaktimer formerly known as "Steve-O"
"Preach the Gospel at all times; if necessary, use words." - St. Francis of Assisi
LOL, that depends whose tooothbrush and what she usedit for next.i.e. it could have been an ex-husbands who was due to come pick up his stuff as soon as she was finished cleaning the toilet bowl with it.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
I'd take my chances with a sane lawyer
You need to think like the client. She will go lawyer-shopping until she finds one willing to overlook her nuttyness and take the case. Then you're screwed.
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Sounds like you and I have the same client Steve. I won't bore you with the gory details but suffice it to say I've never met anyone like her. I tossed around the same idea but decided that it came with the territory, and that the legal risks (not to mention the damage to my reputation) weren't worth the satisfaction of walking...
Good Luck!
PaulB
I just 'fired' a client who I had a written contract with, a simple contract that gave work to be performed, an ESTIMATED completion date, and a price. My business is land development, and the job was a 30-lot subdivision. The job was started in January of 2005, and the completion date was July of 2006 for all permits and plans to be done.
He insisted that I submit plans to the State in August (this past August, 2005), even though I wasn't nearly ready. I was still trying to line up wetlands and soils people and had just gotten all the survey work done. After fielding calls from this idiot twice a week for a month, I had enough. He would call at 8 am, and then continue to call every hour until he got me on the phone. If I was in the field, I would have one message and eight hang-ups in the answering machine. Even the guy's lawyer told me I did the right thing, I'm the third engineer/surveyor that has let this guy go. Now he's shopping around and I've had calls from two other companies about him, wondering why I quit the job.
It's too bad, it was a good project, and I'd done three other jobs for the guy, but enough was enough, it was one of those customers that you just can't talk to, can't get along with. Life is too short for that kind of stress.
I finished the bedroom portion of the project yesterday. The homeowner is aware that I will be mailing out a check for the remainder of the deposit tomorrow via certified mail.
Just like clockwork, I got an e-mail from the designer (who I've done numerous projects for since 1998) last night, saying...
"steve...tricia called to say that the job was not completed when she arrived home today. are you planning on going back tomorrow? what time?".
It felt good to reply with "no". I slept well last night for the first time in a week. I have photos of the completed bedroom work which I supplied to the designer.
Christi also e-mailed me a copy of a release form too. Thanks Christi!
The Breaktimer formerly known as "Steve-O"
"Preach the Gospel at all times; if necessary, use words." - St. Francis of Assisi
Steve, you're being polite and not going in to WHY you don't want to continue the job. I think that is probably why you have several people suggesting you complete the job. To them, I think they just see a client who was paying in advance.
I'm just going to assume that you have sufficient reason for wanting to get away from it. In which case, I think you did the right thing by returning the $$ and having the client sign a release.
jt8
"With Congress, every time they make a joke it's a law, and every time they make a law it's a joke." -- Will Rogers