I am thinking of writing an article for FHB with advice about avoiding legal problems between contractors and clients. I would be interested in getting a sense of the most common causes of disputes. Tell me your stories!
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I am thinking of writing an article for FHB with advice about avoiding legal problems between contractors and clients. I would be interested in getting a sense of the most common causes of disputes. Tell me your stories!
ap
Source control, ventilation, and filtration are the keys to healthy indoor air quality. Dehumidification is important too.
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Replies
My situation involved work not being done correctly and refusal to fix the problem. I'm a HO that was acting as a GC. I found out that "trust" turned into a four letter word, at least in the small community we were in. Everyone said buying locally makes for good neighbors. Well, they might like it, but , in this case, it didn't work out. In the future I'll put all payments in escrow until the work is done.
document, document, documenteverything in writing: orginal contract, change orders, specifiations, etcthe one with the most documentation wins a case
Failure to maintain holdbacks. Homeowners are stunned when they find out they have to pay twice - they paid once in giving the 10% to the GC (or whoever they are contracting with) too early despite the holdback requirements in the Lien Act and then they pay a second time to the CG's sub when the sub does not get paid and liens the project.
Far too often homeowner's rely on the GC for legal advice when they should instead be consulting a construction lawyer for advice on the terms of the building contract (if on even exists) before signing and handing over their money. I've seen $100K extra "contracts" written on napkins. Mindboggling.
Viva Les Habitants.
Is FHB aware of this possibe article ?
The destination is not the point. The completion is not the point. Enjoy today. If you can't enjoy today, then what is the point ?
no - is that a problem?
My court date is finally in October - 2-1/2 years after HO (neighbor and former friend)stiffed me $23K of a job. I'll let you know how it turns out, if you can wait that long!
Forrest
IF i had the money that was owed me and never paid to me... I feel pretty sure I wouldn't still be working....
that being said... I extended trust to some that were untrusted so that they could become trustworthy... sometimes it bit me... but i'm way ahead on the ones that didn't...
I see people out & around that owe me... sometimes i stop & talk sometimes i don't... If someone just got in so deep they couldn't get out... I understand... If that same someone is drive'n around in a new Lexus... I don't
most debt just ain't worth chase'n... life is way too short
p
IF i had the money that was owed me and never paid to me... I feel pretty sure I wouldn't still be working....
If I had the money my Friends owed me I'd be a happy camper.
Ain't holding my breath though.
Not still working though either.
Joe H
Absolutely not a problem at all.Just that if you take the time to have a talk with one of the editors, like Justin, I think there would be some benefits.It would lend a bit more credibility to your request, for one. For another, he could hammer out a bit of an idea what FHB would require in such an article. Better to know what to shoot for than to write something with no knowledge of what would make it into the mag, and what wouldn't.=0)
The destination is not the point. The completion is not the point. Enjoy today. If you can't enjoy today, then what is the point ?
thanks - good advice and I will follow it. I am hoping that the thread will be useful even if no article ever comes of it.
In the story about the Spec House from Hell, I mentioned a cabinet company taking a 50% deposit. Then the place burned to the ground (mysteriously) and the owner declared bankruptcy.
Never have seen a nickel of the $4,200.
We're like 2 ships that pass in the night.
Two ships that can never decide what movie to see, but other than that we're just like 2 ships.
Our legal story thankfully never resulted in non-payment or a court appearance. It involved working for a lawyer who was (and still is) a friend of ours. The job involved a straightforward contract with better than usual specifications for what was to be included in the job.
Better than usual but not good enough for this homeowner. Every morning we would listen to his tearful wife tell us of the many complaints that this guy had. For instance, we used pine extension jambs on one of the windows. This window was trimmed with oak casing. He wanted to know why we didn't use oak extension jambs when this was obviously the proper way to do the job. We volunteered to make the change if he was willing to pay for it. He wasn't but couldn't find any mention of this in the contract. Every day there was some variation on this theme.
At the end of the job he told us that if he ever did another job like this we would make sure that every detail was clearly spelled out so that he would get exactly what he wanted. I didn't have the heart to tell him that even a trained architect would have a hard time specifying the level of detail he wanted and that this alone would cost thousands of dollars. I also didn't tell him that all these little details would raise the bid price beyond his budget. He paid us what he owed us and there was no sense in rubbing it in.
common problems include:
Lack of enough detail in specs.-Does "prime and paint all interior walls" mean only one coat of primer and one of finish?
failure to document changes as you go along. Just a simple speed memo (the ones with a few carbons) signed by the customer acknowledging that a change has been requested and will be paid for as an extra, according to the T&M policy included in the contract.
Making sure the customer has enough money to pay for the job. Ask to see a bank statement or mortgage approval.
If you screw up, admit it, fix it and tell the customer you screwed up, you fixed it and you won't charge for it.
in general, people get sued when a good working relationship has not been established. No one sues someone they like.
No one sues someone they like.
That apply to divorce lawyers?
Joe H