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10-08-2009, 11:20 PM
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#1
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Member
Trade:
Seamless Gutters & Leaf Protection
Join Date: Mar 2009
Location: Twin Cities, Minnesota
Posts: 93
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Contracting - Customer Backed out.
I am not a contractor..Yet.. I just work as a sub.
I do gutters and don't need to pull building permits to do so.
Anyway, I bid a fairly good sized copper job not too long ago. Total job $6500.00
He signed the contract to do the work and gave me $2500.00 down.
I said ok, I will start when this batch of rain passes. He says great!
Call him a few days ago and say, I am coming out to get the job done, we have 2-3 days good weather here and its time to get er done.
He says, you know I have been thinking about it and I think I actually want to wait till spring. The weather is just not holding up. -I say, Well, they are forcasting 48 degrees and sunny for the next 3 days. He says, no I need to wait till spring. I tell him copper prices flucuate rapidly so this is going to be a problem. He says if it goes up it goes up we will re negoatioate. I say, ok sounds good.
Then he says, Well then, send me my $2500.00 and I will call you in the spring.
I say, well, this is why our company takes the security deposit to protect us when we invest in materials, planning etc......
He starts getting all mad and says I don't need the money if I am not doing the work intill spring. Yada yada.
I sent the money back. I really didn't want to deal with it. Either this guy is really anal about the weather or he is having buyers remorse and he just doesnt want to go through with the job. I sent the money back stating that I am returning the deposit under good will, and do not void our contract and plan on still honoring the agreement between us.
Alright - What did I do right/wrong.
Thanks,
Ryan
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10-08-2009, 11:24 PM
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#2
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where did everybody go?
Trade:
Remodeler
Join Date: Dec 2005
Location: North of Atlanta
Posts: 3,257
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You didn't have a "fancy" enough truck
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10-09-2009, 07:25 AM
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#3
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JimmyS
Trade:
General contractor
Join Date: May 2009
Location: Western Mass
Posts: 38
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You're right
Ryan you did the right thing here. Sounds like cold feet on the owners part, that's happening a lot these days. Stock market goes up, people call. Market goes down, they lose focus and back out. You can't really pressure the guy without doing the job under duress, and who needs it? Maybe he actually will call you in the spring. And  maybe copper will go down.
Jim
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10-09-2009, 08:12 AM
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#4
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Member
Trade:
residential painting & carpentry
Join Date: Sep 2008
Location: North Shore, MA
Posts: 78
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How do the HO's new gutters look?
My guess is he got a better price. How does weather have any effect on installing gutters?
I would've held back $750-1000 of reminder money to cover your time. If materials had been ordered and/or days blocked out (and unable to fill) deposit would've stayed with me.
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10-09-2009, 08:28 AM
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#5
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Member
Trade:
Repair and remodeling
Join Date: Jun 2009
Location: Tallahassee FL
Posts: 36
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That's why you require a deposit. To hold the dates, lock in the job. I would have held back a portion of the deposit. Call it a rescheduling fee and tell him that you would deduct it from the total when the job was complete.
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10-09-2009, 08:47 AM
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#6
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General Contractor
Trade:
General Contractor
Join Date: Jan 2009
Location: St. Petersburg, FL
Posts: 474
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I've got an entry door replacement going on 5 months now. They are "Yes", "No", "Yes", "No"... on and on. I just ignore most of it, and tell them, "When you're ready..." Meanwhile, life goes on with other jobs.
__________________
"True eloquence consists in saying all that is necessary, and only that which is."
François Duc de La Rochefoucauld
Bill Everett - St. Petersburg, FL
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10-09-2009, 08:57 AM
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#7
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Pro
Trade:
LI,NY designer, new homes, renovation work, concre
Join Date: Mar 2008
Location: Long Island, NY
Posts: 4,154
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Returning his deposit----was the right move
Trying to hold him to the agreement in the spring-------wrong move
Move on, this guy is gone. G
__________________
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10-09-2009, 09:04 AM
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#8
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Member
Trade:
Electrical
Join Date: Sep 2008
Location: Texas
Posts: 58
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Quote:
Originally Posted by SeamlessGutters
I sent the money back stating that I am returning the deposit under good will, and do not void our contract and plan on still honoring the agreement between us.
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The way you stated the above, you are screwed if copper prices go up.
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10-09-2009, 10:18 AM
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#9
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Chief Toilet Mover
Trade:
Bathroom Remodeling
Join Date: Apr 2004
Location: Littleton, Colorado
Posts: 11,758
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You did wrong by not stating in your contract that deposits are not refundable. You'll never hear from the guy unless he is just a total kook. Most likely he found out his brother in law slept at a Holiday Inn the week before and now knows how to install gutters at 1/3 the price even though he has never installed any before.
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10-09-2009, 10:26 AM
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#10
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Member
Trade:
home improvment
Join Date: Jan 2009
Posts: 40
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Was the deposit stated in the contract if so i would have kept the deposit and told him to call in the spring when he was ready stating that he signed a contract and that he hired you to do the job, always hold the contract he found someone cheaper to do it and not by chance he told someone your price and they beat it and he wanted out you were in the right and should have kept the deposit
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10-09-2009, 10:43 AM
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#11
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New Guy
Trade:
Remodeler/builder
Join Date: Jan 2009
Location: The friggin' desert
Posts: 20
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Write in to the contract a non-refundable feel of 2 - 5 % of the job. Don't work for free.
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10-09-2009, 11:46 AM
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#12
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Sluggin away
Trade:
Dihydrogen monoxide remediation/GC/REO/Insurance
Join Date: Sep 2009
Location: Iowa - Midwest
Posts: 40
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Will you do a job in Elk River? Your post might make you feel better. 1 story ranch that is half built into hill side so no ladders on 3 sides? Let me know.  Post reply and I'll send you my phone#.
Otherwise you did the right thing but you did loose the job.
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10-09-2009, 01:29 PM
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#13
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Pro
Trade:
Electrical
Join Date: May 2008
Location: Central Texas
Posts: 411
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Quote:
Originally Posted by J F
You didn't have a "fancy" enough truck 
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Or a generator
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10-09-2009, 03:40 PM
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#14
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Illusion of Perfection
Trade:
Residential Remodeler/Custom Carpenter
Join Date: Feb 2009
Location: Wayne, PA
Posts: 678
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You did right by returning the deposit, only because you did not have a clause in your contract stating that part of the project cost or deposit is non-refundable if the h/o cancels the contract after the 3 day recission period.
As far as not voiding the contract, you are just asking for it. If copper skyrockets, and this guy comes back in 6 months, he will want the job done at the first mentioned price. With the returned deposit means the contract is null and void.
However, all this may be pointless, as you will never hear from this guy again. Drive by the property and take a look at how good (or bad) his new gutters are.
__________________
Mark
Wayne, PA
"It is what it is."
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10-09-2009, 07:50 PM
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#15
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Member
Trade:
Seamless Gutters & Leaf Protection
Join Date: Mar 2009
Location: Twin Cities, Minnesota
Posts: 93
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FremontREO - Always looking for more work! Elk River is close. Call anytime 320-237-7001 ryan
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10-09-2009, 07:53 PM
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#16
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Member
Trade:
Seamless Gutters & Leaf Protection
Join Date: Mar 2009
Location: Twin Cities, Minnesota
Posts: 93
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Thanks everybody for you advice. Well, Either way, you just can't get them all, some people just sign when they are not ready, and I really don't want to do a job for somebody unless they really want me out there.
I am just glad I didn't buy my materials and had to pay a restocking fee! Luckily, It looks like I got two jobs to bid from this posts! And also, I got another copper referall today! Live and learn!
Thanks again,
-Ryan
http://www.seamlessguttersminnesota.com/
Last edited by SeamlessGutters; 10-09-2009 at 07:57 PM.
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10-09-2009, 08:00 PM
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#17
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Chief Toilet Mover
Trade:
Bathroom Remodeling
Join Date: Apr 2004
Location: Littleton, Colorado
Posts: 11,758
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Quote:
Originally Posted by SeamlessGutters
Well, Either way, you just can't get them all, some people just sign when they are not ready,
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I think you forget he already did sign.
Quote:
Originally Posted by SeamlessGutters
He signed the contract to do the work and gave me $2500.00 down.
Ryan
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I understand you don't want to work for somebody who doesn't want you to do the work. But keep in mind he did want you to do the work at one point, that's why he hired you and wrote you a check for 40% down.
I would make some changes to avoid this in the future. You may not realize it, but there are probably a lot more people like him that we all deal with all over the country who never get to the point he did with you, all because of something in the contract worded a certain way that just makes them doubt their success at trying this stuff.
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10-09-2009, 09:00 PM
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#18
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Member
Trade:
Seamless Gutters & Leaf Protection
Join Date: Mar 2009
Location: Twin Cities, Minnesota
Posts: 93
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Hey thanks, Could you further explain? I am going to go to contractor school don't have time now. For the small seamless gutter job like $1200 bucks most people are pretty normal. But on these larger copper jobs it gets more complicated.
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10-09-2009, 09:02 PM
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#19
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Illusion of Perfection
Trade:
Residential Remodeler/Custom Carpenter
Join Date: Feb 2009
Location: Wayne, PA
Posts: 678
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Quote:
Originally Posted by SeamlessGutters
I am going to go to contractor school don't have time now.
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I still have no idea how to take this...sarcasm or serious?
__________________
Mark
Wayne, PA
"It is what it is."
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10-09-2009, 09:40 PM
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#20
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GC
Trade:
General Contractor
Join Date: Oct 2008
Location: Chicago
Posts: 66
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Quote:
Originally Posted by CookeCarpentry
I still have no idea how to take this...sarcasm or serious? 
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Why, was carpentry school a joke?
The guy sounds honest and wants to learn.
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