How To Respond To Customer?

ultimatetouch

I am in a sticky situation fellas.
We did an exterior restoration to a home.
Siding replacement and I hired the paint job out.
I told the guy if it gets to cold that we would have to put the rest off until spring(this was started in the warm weeks of november) sure enough it gets to cold to paint outside. The guy demands full payment before he is completed. Of course I refuse not wanting to chase the guy around. I ended up giving him about 60% of the money in which i did not get a waiver of lien. He completed about 80% of the work so I figured I still have leverage. I told him he would be the one to finish and he would get paid. The basterd still went through me and asked the customer for the final payment. My customer understands that I dont want hime to finish in these conditions. She wants to know if I got the painters to back off and a waiver from them. I am concerned about the quality and having these guys back yet I need to make my customer feel secure.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

Mike Finley

I take it you have no sub-contractor agreement with him that outlines how this all was to work?

Legally without a contract with the guy, he is entitled to being paid in full for the work completed. He isn't entitled to the full amount of the job without completing the work. He can lien your customers for the missing percentage of the job that he did and you haven't paid him for yet.

Not to beat you up, but since you had the fore-sight to realize there could be an issue with the weather, all you really needed was a sub-contractor agreement with the guy. You knew what the problem could be, so you could have just wrote it up and there would be no problems now.

What I see is the bigger problem is now you probably won't have this guy finish the job, he probably won't be coming back now over the bad blood between you. He will see his 80% as good enough and say screw you, go find somebody else to finish it. So now you have to find somebody to finish it and it will probably cost you more to bring a second person in.

With the sub agreement you could have avoided that problem by holding back enough to make it worth his while to come back.

Right now I think you need to pay him what he has earned and try to smooth things out with him. You've got more to lose than he does with this one.

ultimatetouch

By contractor agreement you mean contract right. Than I should have left a clause about the weather? I absolutely should have. I am most concerned with my customer and her feelings and getting paid now.
I emailed her that If I could get him back to wrap up then I would issue her a waiver from him. If I can not than I would have to put my personal employees out there to finish up. I assured her that either way she would be covered. Even if I had to put it in writing that my business is responsible for any lien by the sub contractor. I hate to get all "legal begal" withh a customer. But I want her to feel secure.
I dont know what else I could do at this point?

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

copusbuilder

Sounds like talking to the painter is out of the question. He sounds desperate.

I assume the reason why the customer is uppity is because he was threatening lein?

Laws differ from state to state on filing leins so I can't say what he can do. I know here in Texas I would wager they get nowhere?

Seems like the damage has been done so all I could see would be to keep talking with the customer and keep it a low key and out of their minds as much as posiible. The last thing you need now is all their friends telling them the horror stories of what you will do to them if they don't watch your every move.
Sucks for sure. I think I would slit the painters neck

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www.copusconstruction.com
www.etexasrentals.com
www.thelakevoice.com
AkA Richard Cranium

Mike Finley

From that statement it's obvious you're going to do what is right and ultimately the customer is going to come out okay. The issue is what kind of land mines are you going to have to avoid and diffuse to accomplish it.

Is talking to the sub and working something out other than 100% payment for work not done out of the question, or have you reached an impasse with him and discussion is over?

ultimatetouch

I would have been ok with him finishing the work. He left me a message to tell me what he was going to contact the homeowner. I tried calling him back a few times with no response. At that time I notified the customer that she might be recieving a phone call. I still was up for having him finsih for arguments sake and not to cause any more grief for the homeowner. Then I recieved a letter from the BBB as a complaint. I had to get on the phone withh the better business bureau and tell them that he is not a home owner. That pretty much crosses the line. He seems a bit unstable to me. The guy doesnt seem to have his ducks in a row, so im not worried about him. I worry about retaining good customers and getting paid. Thanks Mike I actually went to talk to my accountant today and the first thing he said was " i gotta get you a contractor agreement". I try to be careful who I hire, I guesss you cant be careful enough.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

kevjob

try not to beat yourself up too bad. I try to approach subs with respect and assume they have good intentions for my clients as much as I do. Nothing wrong with thinking the best of people but prepare for the worst. A sub contractor agreement helps him as well as you. As far as the BBB they dont hold much weight with me. See if you can reach an agreement but in the end someitmes you have to pay a little fine to learn a lesson.

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Kevin
Basement Finishing Highlands Ranch Colorado
Littleton Colorado, Basement Remodeling
Kitchen Remodeling Denver

mci2980

i think you should pay the guy for whatever he has completed. If you are worried about him not coming back than hire a new painter and dont start paint jobs that close to winter. I would not be too happy with you either. Why should 20% be held down. Im sure that he has bills to pay like you do. Sorry but i think you are causing this problem for your self

copusbuilder

I failed to comprehend that line about holding back You are quite right. I would be upset if I finished 80% and was told I am holding back
on you....because?...I don't trust you? I want control?

You may well be right on creating ones own problems

Perhaps there is an explanation?? Gotta give the benefit of the doubt!

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www.copusconstruction.com
www.etexasrentals.com
www.thelakevoice.com
AkA Richard Cranium