How Do I Deal With A Pos Contractor?

kanadaeh · 10-20-2009, 06:30 PM

We did picket out front of the 31 unit project. Received tons of positive support. My concern was making other contractors nervous to hire us but I spoke to one, he says, "Are you crazy? We have all been screwed at one time or another and you are taking a stand."

I just called him and told him we would entertain the idea of settling. He told me he would be willing to sit down and talk lawyers included. I told him I want it straight to the point. Come up with a number and I will as well and thats that. Cut a cheque (certified), Sign necessary documents, and move on. Done deal.

Framer53 · 10-20-2009, 07:17 PM

Quote:

Originally Posted by kanadaeh

We did picket out front of the 31 unit project. Received tons of positive support. My concern was making other contractors nervous to hire us but I spoke to one, he says, "Are you crazy? We have all been screwed at one time or another and you are taking a stand."

I just called him and told him we would entertain the idea of settling. He told me he would be willing to sit down and talk lawyers included. I told him I want it straight to the point. Come up with a number and I will as well and thats that. Cut a cheque (certified), Sign necessary documents, and move on. Done deal.

Please make him offer first!
Remember, he may lowball you to start, take someone who is used to negotiating.

kanadaeh · 10-20-2009, 07:21 PM

Quote:

Originally Posted by Framer53

Please make him offer first!
Remember, he may lowball you to start, take someone who is used to negotiating.

Thanks, I will remember that. I am usually not the greatest negotiator but I will be focused tomorrow.

TigerFan · 10-20-2009, 10:22 PM

Quote:

Originally Posted by kanadaeh

Thanks, I will remember that. I am usually not the greatest negotiator but I will be focused tomorrow.

SMILE AND SAY "NO" UNTIL YOU'RE BLUE IN THE FACE!

That's my 10 second strategy for your negotiation.

Best of luck!

skyhook · 10-20-2009, 11:00 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

The names change but the
story stays the same.
.

.

kanadaeh · 10-21-2009, 02:47 PM

I had just finished our meeting. He had offered 80% payment. I feel we are closer to 90% complete but should I dig in my heels for 5-10 %? Basically he wants to keep around 10,900 of our contract to complete what would cost us 7,000-8,000 to complete. This means we would receive a cheque immediately and no more call backs, etc. Or, we could go after wrongful dismissal, mechanic's lien, etc. and battle in the courts. What do you guys think?

neolitic · 10-21-2009, 03:02 PM

See if he will bite on 85%.
If not, 80% of something is better
than 100% of nothing.

Framer53 · 10-21-2009, 03:26 PM

Quote:

Originally Posted by kanadaeh

I had just finished our meeting. He had offered 80% payment. I feel we are closer to 90% complete but should I dig in my heels for 5-10 %? Basically he wants to keep around 10,900 of our contract to complete what would cost us 7,000-8,000 to complete. This means we would receive a cheque immediately and no more call backs, etc. Or, we could go after wrongful dismissal, mechanic's lien, etc. and battle in the courts. What do you guys think?

Take it. Ask when he will have a certified check available.
Now let's talk about doing business without contracts!

TigerFan · 10-21-2009, 03:29 PM

Quote:

Originally Posted by kanadaeh

Basically he wants to keep around 10,900 of our contract to complete what would cost us 7,000-8,000 to complete. This means we would receive a cheque immediately and no more call backs, etc. Or, we could go after wrongful dismissal, mechanic's lien, etc. and battle in the courts. What do you guys think?

If I read this right and you are talking about receiving at most $3,900 less than on a 50k+ job than you would if you finished it all the way out, I would:

Take the payment (cert check, cash, MO, meet him at the bank, etc) and consider it over and done.

$3,900 is less than the cost of the retainer you'll have to provide to the atty.

Take it, take it, take it.

TigerFan · 10-21-2009, 03:30 PM

Quote:

Originally Posted by Framer53

Now let's talk about doing business without contracts!

Hate to say it, but a contract wouldn't be that helpful at this point.

If the other side wants to create a fight simply to make you spend money, any rock solid contract is nothing better than a rock solid doorstop.

tgeb · 10-21-2009, 04:06 PM

I'd pitch the 85% but be ready to take 80 in a second. If they started out at 80, they may be expecting you to counter and be willing to go to 85.

neolitic · 10-21-2009, 04:08 PM

Quote:

Originally Posted by tgeb

I'd pitch the 85% but be ready to take 80 in a second. If they started out at 80, they may be expecting you to counter and be willing to go to 85.

That's what I thought too.

fireguy · 10-21-2009, 05:57 PM

I would have them make the check to your attorney, and give the attorney the check.

Worm Drive · 10-21-2009, 06:09 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.

I know exactly who you mean. He's famous for stiffing subs. He screwed over a few subs on a mall in Syracuse, for alot of $. I don't understand why anyone would work for him.

dvon104 · 10-21-2009, 09:47 PM

you have to figure out what is this worth to you...and make your decision...

personally I could not fathom someone owing me even 500.00 ..I want my money and for the amount of money your talking about ...I could possibly end up in jail because I would choke him until his eyes rolled back

kanadaeh · 10-21-2009, 10:19 PM

Quote:

Originally Posted by dvon104

you have to figure out what is this worth to you...and make your decision...

personally I could not fathom someone owing me even 500.00 ..I want my money and for the amount of money your talking about ...I could possibly end up in jail because I would choke him until his eyes rolled back

My girlfriend is po'ed! She would barely speak to me all day because I am negotiating with this guy. She wants me to fight to the end for the full contract amount. I explained the pros and cons but she feels we were wronged and she wants blood. I will send her shopping when we receive a cheque..lol..that should change her opinion. Better her spending the money then him.

excellencee · 10-23-2009, 05:21 PM

Quote:

Originally Posted by Worm Drive

I know exactly who you mean. He's famous for stiffing subs. He screwed over a few subs on a mall in Syracuse, for alot of $. I don't understand why anyone would work for him.

People continue to work for these pricks for a variety of reasons. New guy just starting out...Don't know the GC or his reputation...No work and willing to take the chance...
When I first started out, I sent letters to every home builder in the yellow pages, local builders association membership directory, newspaper, etc. Out of over 100 letters, I got 1 call. I didn't know that he had filed bankrupcy 3 times. I didn't know he stiffed everyone he worked with. I just was happy to get some work. When we parted ways, he only owed me $3,000. He still does and I know I'll never see it. He has a sign at the local golf course. I enjoy "watering" it every time I play there. I know its not money but piss on him anyway.

Framer53 · 10-23-2009, 06:04 PM

Quote:

Originally Posted by Worm Drive

I know exactly who you mean. He's famous for stiffing subs. He screwed over a few subs on a mall in Syracuse, for alot of $. I don't understand why anyone would work for him.

Where are you?

Worm Drive · 10-23-2009, 08:55 PM

Near Syracuse

**rselectric1** · 10-23-2009, 09:14 PM

Kanadeah-any news yet? I've been pulling for you!

My guess is that he settled it and is catching up on the lack of sleep this thing can cause.

10-20-2009, 06:30 PM	#21
kanadaeh View Profile kanadaeh Member Send Message Follow Blogs (0) Threads (80) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity Member Trade: painter Join Date: Sep 2005 Posts: 80	Re: How Do I Deal With A Pos Contractor? We did picket out front of the 31 unit project. Received tons of positive support. My concern was making other contractors nervous to hire us but I spoke to one, he says, "Are you crazy? We have all been screwed at one time or another and you are taking a stand." I just called him and told him we would entertain the idea of settling. He told me he would be willing to sit down and talk lawyers included. I told him I want it straight to the point. Come up with a number and I will as well and thats that. Cut a cheque (certified), Sign necessary documents, and move on. Done deal.

10-21-2009, 02:47 PM	#26
kanadaeh View Profile kanadaeh Member Send Message Follow Blogs (0) Threads (80) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity Member Trade: painter Join Date: Sep 2005 Posts: 80	Re: How Do I Deal With A Pos Contractor? I had just finished our meeting. He had offered 80% payment. I feel we are closer to 90% complete but should I dig in my heels for 5-10 %? Basically he wants to keep around 10,900 of our contract to complete what would cost us 7,000-8,000 to complete. This means we would receive a cheque immediately and no more call backs, etc. Or, we could go after wrongful dismissal, mechanic's lien, etc. and battle in the courts. What do you guys think?

10-21-2009, 03:02 PM	#27
neolitic View Profile neolitic Curmudgeon Send Message Follow Blogs (0) Threads (11,707) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity Curmudgeon Trade: carpentry/remodeling/"Yes M'am we do" Join Date: Apr 2006 Location: Beech Grove, Indiana, Birthplace of the "King of Cool" Posts: 11,707	Re: How Do I Deal With A Pos Contractor? See if he will bite on 85%. If not, 80% of something is better than 100% of nothing. __________________ Put your location in your profile! (Sorry....it seems there really are dumb questions)

10-21-2009, 04:06 PM	#31
tgeb View Profile tgeb Contractor Send Message Follow Blogs (0) Threads (3,278) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity Contractor Trade: Excavation, Foundation, Concrete Join Date: Feb 2006 Location: Maryland Posts: 3,278	Re: How Do I Deal With A Pos Contractor? I'd pitch the 85% but be ready to take 80 in a second. If they started out at 80, they may be expecting you to counter and be willing to go to 85. __________________ Tom www.gebcon.com

10-21-2009, 05:57 PM	#33
fireguy View Profile fireguy Pro Send Message Follow Blogs (0) Threads (387) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity Pro Trade: Fire Suppression Equipment Sales & Service Join Date: Oct 2006 Posts: 387	Re: How Do I Deal With A Pos Contractor? I would have them make the check to your attorney, and give the attorney the check.

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10-21-2009, 09:47 PM	#35
dvon104 View Profile dvon104 framing/millwork supplier Send Message Follow Blogs (0) Threads (132) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity framing/millwork supplier Trade: interior & exterior trim, window and door installs Join Date: Jun 2007 Location: georgia Posts: 132	Re: How Do I Deal With A Pos Contractor? you have to figure out what is this worth to you...and make your decision... personally I could not fathom someone owing me even 500.00 ..I want my money and for the amount of money your talking about ...I could possibly end up in jail because I would choke him until his eyes rolled back

10-23-2009, 08:55 PM	#39
Worm Drive View Profile Worm Drive Member Send Message Follow Blogs (0) Threads (69) Photos (0) Reviews (0) Projects (0) Toolbox (0) View All Activity Member Trade: carpenter Join Date: May 2007 Posts: 69	Re: How Do I Deal With A Pos Contractor? Near Syracuse

10-23-2009, 09:14 PM	#40
rselectric1 View Profile rselectric1 Pro Send Message Follow Blogs (0) Threads (7,018) Photos (0) Reviews (31) Projects (0) Toolbox (30) View All Activity Pro Trade: Licensed Electrical Contractor and Remodeler Join Date: Sep 2009 Location: Chicago Suburbs Posts: 7,018	Re: How Do I Deal With A Pos Contractor? Kanadeah-any news yet? I've been pulling for you! My guess is that he settled it and is catching up on the lack of sleep this thing can cause. __________________ 220...221...whatever it takes!

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