Have this ever happened to you? - Contractor Talk - Professional Construction and Remodeling Forum

KellyPainting · 07-31-2006, 08:18 PM

I'll try to make it short...but it won't be easy.
A Builder buddy of mine got me this job last year.... a Lrg Victorian. I bid it for around 12,000.00 signed the contract on july 1st... start time a week away. Estimated time to finish.. 2 months ( written on estimate ) Was contacted by the womans boyfriend.... did all the detailes with him... untill the signing.... they broke up and was dealing derectly with the woman who owns the house. untill today. This morning I set up a meet to discuss
us having to do more work than expected.. I was greeted by her who said she was late for work... could I discuss it with her ex hunband ( who I've never met ) and her 21 yr old son. I smiled and said fine. The EX was polite and respectfull.. the son has his best tough guy face on... and was holding a clipboard... he wanted to know how many guys will be here for each day.... and demanded that we not do any other projects for anyone else even on weekends! untill this one was complete. Now some info for you.... Start time is first week in july... finish ...1- 1/2months away. I had an accident and broke 3 ribs and dislocated a shoulder... so we started in july intead of june like she wanted. I didn't get down payment untill I started. I also completely explained that I will be leaving for a 10 day job on Martha's Vineyard ... AT SIGNING... she was fine with this... last friday the weather report was severe afternoon thunderstorms with damaging winds... I called it off cuz were on high ladders.. the storm didn't hit untill 4:30... the rest of the weekend was spent at another job... other than that day... we have been there every day.. even some weekends....The Ex and son explained that their was to be a party held in a few weeks and we must be done... (way ahead of schedual) this was never mentioned at signing.
All week his car has been in our way while he was home.. 5 ft from the house..like he was waiting for some damage. he would not answer the door to move it... or to let anyone use the bathroom like discussed with his (mommy).
I've received about half the money and will be half done by weeks end.
Should I put up with this?.... what will be my legal problems if I pack up and leave? (Mass by the way)

**Double-A** · 07-31-2006, 09:06 PM

Kelly, I hate to say this, but you messed up from day one and its just been snowballing. You didn't deal and continue to deal with the person that signs the contract.

If it were me, I'd stick the job out, but only after speaking to the person that signed the contract and explaining my concerns.

My feelings are that only she has the right to direct, demand, amend, condemn, condone, bitch or praise your work on her home. Her child is not a party to your contract, nor is her ex-boyfriend or ex-husband.

I'd call her and inform her that work in the area of the kids car is coming to full halt for liability reasons. That this is going to possibly cause lap marks that are visible from the ground, and that you can not be responsible for that. If a crew of men can't safely work in that area, 10,000 men can not work in that area any faster. She shares blame in the delays.

Also explain that you're ordering a porta-potty for the job and are considering back-charging it to her, as no facilities are being made available to your crew as specified. (This just burns me up! People MUST do what they MUST do, and no one should be treated like a dog or a child and told to use the bushes or hold it. This to me, says all that need be said about the character of her child.)

Then, I'd make an appointment with her for this coming weekend to go over the situation of the impending party, and how you can work with her on this. Don't get upset, don't get mad, don't get even. Just get your business hat on, and be prepared to say things in the most tactful way you can, without accusing anyone of anything.

Brushslingers · 07-31-2006, 09:09 PM

Difficult owners are fun, just breathe... remember that the boy really has no say, buy a 5 dollar car cover from SW and continue on. You'll get it done no problem. Sounds like mommy has no problems with you.

Jonesey · 07-31-2006, 09:31 PM

Been there plenty, guy. Last year I managed a job for a guy where the homeowner made a list of things we hadn't finished at the end of each day and present it like a summons next morning. It was horrid.

I think you should stick it out. If it gets too bad just get her on the phone and tell her you're having trouble getting cooperation out of her ex and the kid and you're going to let someone else finish the job. Be careful though, you'll run out of friends pretty quickly if you give them bad jobs, hehe.

Best thing you could do would be to agree 100% to their face and then sub a crew for the time you're gone. Let them know the troubles, and tell them to have the ex and kid to call you if any probs. There ought to be plenty of crews that can use a few days of work available. Network and see what you can find. Generally as long as they see somebody working they won't bother you.

Nevertheless, you could sue if they refuse you use of a restroom. I have it in my contract, and if you don't you should have it in yours.

Peladu · 07-31-2006, 10:00 PM

Personally I would use the car tires as a urinal.

I never deal with my customers children, even the ones who seem to think they are the boss. I, in a nice yet blunt way, let them know that I could care less what they think. But they, the kids, can be real pricks, even more so the adult children.

Stick with it, get final payment, never have to deal with them again.
I have a list, about six people deep, that I will never work for again.
Start your own, "Blacklist", just as long as you dont get "Blacklisted"

KellyPainting · 07-31-2006, 10:13 PM

Thanx for all the replies... but I've talked to my buisness advisers and they say leave untill I can talk to the woman and clear everything up. We are now afraid of not getting paid..... and don't know who will pay us or even who the boss is anymore. My crew will load the trucks tomorow morning.
I've got thousands to loose... I have a boom truck there costing a bundle.. and my guys have kids to feed...I don't have the capital to cover it so I can't risk it.. got to go with my gut.

I've NEVER done this before.... It's going to be awkward

On a better note... Slick, I've already been invited back to the Vineyard for more work! They want to know when I can leave!

**Double-A** · 07-31-2006, 10:28 PM

GL Kelly. I sure hope she is reasonable.

Brushslingers · 07-31-2006, 10:36 PM

Interesting advice from a business advisor... GL, make sure everything is in writing before you speak to her. IE, don't rely on the phone and a handshake. At this point, your the one breaking the contract until you prove she broke it first with the bathroom thing.

[edit] Btw Peladu.. that is the most disturbing picture i've seen in years... hehe, can't NOT look at it but at the same time....

**Double-A** · 07-31-2006, 11:37 PM

Quote:

Originally Posted by Brushslingers

Interesting advice from a business advisor... GL, make sure everything is in writing before you speak to her.

Whatcha referring to Benn?

Brushslingers · 07-31-2006, 11:43 PM

Quote:

Originally Posted by KellyPainting

Thanx for all the replies... but I've talked to my buisness advisers and they say leave untill I can talk to the woman and clear everything up.

That. Never heard of a business advisor that would say "walk on a contract" before.

Starts getting sticky in court rooms when it comes out that you walked first without telling the HO about the son, bathrooms, etc.

**Double-A** · 07-31-2006, 11:49 PM

Quote:

Originally Posted by Brushslingers

That. Never heard of a business advisor that would say "walk on a contract" before.

Starts getting sticky in court rooms when it comes out that you walked first without telling the HO about the son, bathrooms, etc.

Gotcha. That makes a great deal of sense. Why did it just float past me without even so much as a wave?

Good call.

Brushslingers · 07-31-2006, 11:55 PM

I put this into all my contracts, at the bottom so they sign without reading it.. heh..

All disputes will be hadled by the parties as quickly and fairly as possible. All information reguarding the dispute shall be held confidential until the matter is resolved, and every effort will be made to keep the matter out of court.

Sooo... last time this happened I left ONE guy on the job and sent a certified mail with how the HO broke the contract and I will have to backcharge X amount. She contacted me before the ink was dry.

KellyPainting · 08-01-2006, 05:31 AM

I'm not leaving forever. I'm just getting thousands of dollars worth of equiptment out of there and not showing up again untill we sit down and discuss the issues. By law I have over a month as stated in my contract to finish this job.

KellyPainting · 08-01-2006, 09:48 AM

Got to the job at 7 am and was greeted by the son.. he said" are you guys going to work or what"? I asked if his mother was home and proceded to load my stuff. She came out and was verry opologetic and wanted me to sit down with her asap. I told her tonight will be fine so that we could get back to work tomorow. The ex stopped by also... Tried to talk me into staying and working today...even went as far as to say " YOU can't leave" he wanted to work everything out on the spot... I told him that I was too worked up and needed time to collect my thoughts and figures on the job.
And that speaking to him is a coutisy.... the woman is who I'll deal with from now on. He was alright in the end.I also said that I feal uncomfortable discussing anything in the house w/ the son there.. ( as he walks out and is sent back in by the mon for the 3rd time) We will be meeting 2nite and surely be working 2morow.
Thanx for all the advice I hope the meeting goes as planned.

fox builders · 08-01-2006, 10:58 AM

Hey kelly how do you find working on vineyard to be.
I have a chance to bid a few projects there from referal of family friend
Being from western ma I don't mind the trip.
your thoughts

Mark

KellyPainting · 08-01-2006, 01:52 PM

In what way?
Everybody's on "Island time" (just my speed) They work at an island pace
not too fast..not extremely slow.....Island contractors do not show up when they say.. alot of them do multiple things... like painting and hardwoord floors..... The largest company is called Rick (something) painting... they are busy.... I met him in the supermarket... lots of brazilians... they work untill late in the day ... and do a pretty good job from what I hear. I guess a while back the Government cracked down and deported some cause they were illigals.. mostly hurt the lawn care contractors. Don't plan on driving to the paint store and comming right back..... lots of traffic. there is a Ben Moore dealer in Vineyard haven.... but the drive from say Edgartown could take an hour ( at least). What kind of info are you looking for? 25ft truck ( ladders included ) will cost $90.00 each way to bring across.

fox builders · 08-10-2006, 09:09 AM

remodeling of existing homes etc My contact on vineyard informed me some of her friends are having to wait 9 months or more to get their work started and there is a shortage of contractors

**Double-A** · 08-10-2006, 10:51 AM

Kelly, where do you stand on this project now? Did you get back to it yet?

I need my "As the Paint Dries" fix!

<announcer's voice>
Will Dayspring buy a new level? Will Denick shoot his TV the next time a Hummer commercial comes on? Did that guy just put latex paint on that deck? Turn in tomorrow for another episode of "As the Paint Dries".

KellyPainting · 08-10-2006, 04:45 PM

Will be done in 2-3 weeks... had new meeting with new contract.
set up weekly payments of balance for my safety.....
Meeting went o.k ... had it on the back deck of her property... the son was 3 ft away standing in the doorway listening to everything.. kinda annoying...... and the fiance was doing all the talking.... saying stuff like
"So what will it cost to finish this job"...... " From what she's told me about your 1st meeting (contract signing) is that you said this would be around this much money" and then He looks at her and says ... " thats what she told me, is that correct honey?"
Pretty much telling me what was said at a meeting that he didn't attend and looking at her ,putting her on the spot with .. That is what you told me... am I right honey?
like she's going to say no or something.
Just going to chaulk this one up to another learning experience.
I won't be making any money on this one... might even loose a little..
But BOY, does that house look great.... I'll give pics soon ...

**Double-A** · 08-10-2006, 04:55 PM

I'm glad this is working out, even if its not 100% to your benefit. There is nothing more irritating that dealing with homeowners that hide behind "friends, ex's, son's, daughter's", etc.

Its like playing that old game "telephone" where you get the kids in a circle, whisper something like, "I like to eat popsicles" in the first kid's ear, and it comes out, "Brad Pitt wears dresses" at the end of the line.

Congrats, Kelly, you just handled one of the most uncomfortable jobs in the business like a real pro. You should be quite proud of yourself.