How do I deal with a pos contractor? - Contractor Talk - Professional Construction and Remodeling Forum

kanadaeh · 10-19-2009, 04:16 PM

I was just fired from a project. The contractor owes 30000 and 20000 left to finish. There is about a weeks work left. I think he will have his guys finish and subtract from my contract. Can he do this? He is claiming deficient work, however, it was his trades people who banged the crap out of the walls and he wanted me to fix for 0! He brought in the owner and made me look bad. I sent an intent to lien notice today and i will file at the end of the week. How will this play out? Should i just torch his trucks? lol..just kidding

**genecarp** · 10-19-2009, 04:30 PM

K, first off i hope you meant to wrote 3,000 and not 30,000. Assuming we are talking about 3,000, you could file liens, call the contractor, contact the homeowner directly and tell them what really happened. All these things take time and energy, Time and energy that could be spent selling and doing other work. Sometimes we come across these a -holes and have to chaulk it up to the nature of business, I would probably contact the HO, tell them the truth, hopefully they know the contractor is an a-hole and will cover you directly, if not, MOVE ON, SELL SELL SELL, G

brm1109 · 10-19-2009, 04:35 PM

If the contractor has an office I would park my truck in front with a sign that they do not pay their subs (I actually did this to someone that owed me money, I parked just outside of the parking lot. I had my money within 30 min.).
Then also call the homeowner and tell them what happened and that you have no choice but to lien their property.
You should have no problem getting paid.

NormW · 10-19-2009, 05:36 PM

Like Genecarp, I hope its 3,000. I ate $2,800 last year on a job. Customer was terrific, right up to the last payment. Wanted me to do extra work, (replace rotted framing, where his roof leaked for ten years). I basically said 'sure, lets square up, and I'd be glad to work out a price". He got "insulted" and flamed... Long story short, I had to decide whether to take him to small claims court for $2000, or eat it. I'm eating it.

Thinking about taking someone to court, made me literally sick, I couldn't concentrate on what I was doing on other jobs. Thinking about eating it, just made me mad.... which is probably normal for me. I can work fine when mad, but not when stressed to the max.

If it's for $20,000-$30,000 however I think I'd take someone to court for it. Even if I wasn't 100% in the right, that's a lot to leave on the table. You should re-coup some of what's owed, even after paying a lawyer.

CookeCarpentry · 10-19-2009, 05:38 PM

So is it $3k or $30k....?

Framer53 · 10-19-2009, 06:43 PM

Quote:

Originally Posted by CookeCarpentry

So is it $3k or $30k....?

Bet it is 30K. Been there once, not a pretty picture.

kanadaeh · 10-19-2009, 09:24 PM

Quote:

Originally Posted by Framer53

Bet it is 30K. Been there once, not a pretty picture.

you are right it is 30,000.00 and 20,000.00 left on our contract for about a weeks worth of work remaining. What is sad is that looking back, I now believe it was a plan all along.

Anyways, we have half a dozen of our crew protesting in front of the job site tomorrow. Should be fun. Any ideas for signage?

kanadaeh · 10-19-2009, 09:37 PM

Quote:

Originally Posted by kanadaeh

you are right it is 30,000.00 and 20,000.00 left on our contract for about a weeks worth of work remaining. What is sad is that looking back, I now believe it was a plan all along.

Anyways, we have half a dozen of our crew protesting in front of the job site tomorrow. Should be fun. Any ideas for signage?

Anything at all?

Celtic · 10-19-2009, 09:46 PM

Quote:

Originally Posted by kanadaeh

Any ideas for signage?

...but they certainly do draw attention.

**genecarp** · 10-19-2009, 09:47 PM

##### contracting company
are a bunch of deadbeats who do not pay there bills (beware).

Metro M & L · 10-19-2009, 10:28 PM

I'm going through the same thing. I feel your pain. Except my problem is $700.00 not 30k. Never did trust this gc. We shall see.

TigerFan · 10-19-2009, 11:46 PM

Quote:

Originally Posted by kanadaeh

I was just fired from a project. The contractor owes 30000 and 20000 left to finish. There is about a weeks work left. I think he will have his guys finish and subtract from my contract. Can he do this? He is claiming deficient work, however, it was his trades people who banged the crap out of the walls and he wanted me to fix for 0! He brought in the owner and made me look bad. I sent an intent to lien notice today and i will file at the end of the week. How will this play out? Should i just torch his trucks? lol..just kidding

I assume you mean he owes $30k for work performed to this point and you have another week to finish and a final payment of $20k for a total of $50k left to collect on the job, right?

#1 - Please tell me you got all your **** straight... licenses, insurances, workers comp, legal employees or 1099 guys, written contract with a clear draw schedule, etc, etc..

#2 - Get ready for it to drag on for a long long time. $50k is no small matter... unfortunately you will find that if the contractor and owner are willing to dig in their heels, they are daring you to spend $30k to possibly collect $50k.

#3 - Go to the site and TAKE DIGITAL VIDEO of how the site exists right this second. Call a lawyer and have him contact lawyer for the contractor and owner. They have to allow this. No telling how much 'deficient work' is being created tonight that will be your fault... if you get my drift.

Best of luck.

kanadaeh · 10-20-2009, 03:13 PM

Quote:

Originally Posted by TigerFan

I assume you mean he owes $30k for work performed to this point and you have another week to finish and a final payment of $20k for a total of $50k left to collect on the job, right?

#1 - Please tell me you got all your **** straight... licenses, insurances, workers comp, legal employees or 1099 guys, written contract with a clear draw schedule, etc, etc..

#2 - Get ready for it to drag on for a long long time. $50k is no small matter... unfortunately you will find that if the contractor and owner are willing to dig in their heels, they are daring you to spend $30k to possibly collect $50k.

#3 - Go to the site and TAKE DIGITAL VIDEO of how the site exists right this second. Call a lawyer and have him contact lawyer for the contractor and owner. They have to allow this. No telling how much 'deficient work' is being created tonight that will be your fault... if you get my drift.

Best of luck.

#1 we have everything except a contract (i know, I know)
we have done work for this guy before and he is the only one who would not do contracts. Now i know why. We do have our quotation and first % progress claim which was accepted and paid?

#2 contractor told me today that he would by the lein and i would need 50-100,000 to fight him in court.

#3 we picketed today received lots of support lol. Client is not happy. Served a cease and desist at the end of the day threatening a libelous suit

Framer53 · 10-20-2009, 03:16 PM

Quote:

Originally Posted by kanadaeh

#1 we have everything except a contract (i know, I know)
we have done work for this guy before and he is the only one who would not do contracts. Now i know why. We do have our quotation and first % progress claim which was accepted and paid?

#2 contractor told me today that he would by the lein and i would need 50-100,000 to fight him in court.

#3 we picketed today received lots of support lol. Client is not happy. Served a cease and desist at the end of the day threatening a libelous suit

Commercial property?

kanadaeh · 10-20-2009, 03:17 PM

Quote:

Originally Posted by Framer53

Commercial property?

31 unit apartment building, lots of repairs

Framer53 · 10-20-2009, 03:19 PM

This appears to be a common for some GC's way to negotiate after the work is done.
We have a famous mall developer around here that does similar.
Good luck collecting, maybe an offer to settle, without resorting to lawsuit.
If he is saying it will cost you 50-100k for a lawsuit, you can bet it will cost similar for him.

As long as your work is allright, I would contact and see if you can negotiate. If you walk with 1/2, better take it, and learn from the experience.

kanadaeh · 10-20-2009, 03:24 PM

Quote:

Originally Posted by Framer53

This appears to be a common for some GC's way to negotiate after the work is done.
We have a famous mall developer around here that does similar.
Good luck collecting, maybe an offer to settle, without resorting to lawsuit.
If he is saying it will cost you 50-100k for a lawsuit, you can bet it will cost similar for him.

As long as your work is allright, I would contact and see if you can negotiate. If you walk with 1/2, better take it, and learn from the experience.

I am just watching the news lol we should be on any minute

DeckMan77 · 10-20-2009, 04:07 PM

I've never been behind more than $8K for 60 days by a GC for a fence job. I can't imagine worrying about $30K owed plus $20K still own on the table. Good luck, curious to see how this all plays out.

72chevy4x4 · 10-20-2009, 04:41 PM

your best bet may be the protesting in front of the property. I'm sure the owner of the complex won't like the attention and it may force their hand to settle the issue.

nlgutters · 10-20-2009, 04:47 PM

Quote:

Originally Posted by kanadaeh

#1 we have everything except a contract (i know, I know)
we have done work for this guy before and he is the only one who would not do contracts. Now i know why. We do have our quotation and first % progress claim which was accepted and paid?

#2 contractor told me today that he would by the lein and i would need 50-100,000 to fight him in court.

#3 we picketed today received lots of support lol. Client is not happy. Served a cease and desist at the end of the day threatening a libelous suit

Had a gc last year that owed us 25k. Its been 15 months and ive spent 8k and we havent gotten anywhere yet.