TimAZ

I will try to lay this down in a nut-shell... if I can.

I was awarded a contract to paint the interior of a 5,000 sq ft (livable)new cabin/rustic home in an expensive gated community next to the fanciest golf course in the area -- the exterior was too wet from seasonal rain to stain and was being awarded to the next available painter whos price came in. All doors were 8 foot doors stained and lacquered (zero runs all in satin) along with the wood T&G ceilings and trim. The job went very well -- We had done a nicer job than their other subs. Then they awarded us another job -- a 6000 sq ft -- almost the same deal as the last as far as the scope. The house had cathedral ceilings and decorative timber trusses. (we had been awarded a couple 1800 sq ft homes which we knocked out pretty quick before the bigger one we got). After we had lacquered the wood ceilings, and stained all of the doors, jambs, window wraps, and trim, they informed us that the homeowners decided to retexture the entire house -- the walls and painted ceilings. This put us on hold just before we began to lacquer all of the installed woodwork (this caused extra work to remove the slopped mud from the wood) -- the doors were already lacquered. When we were delayed, we waited a short time until another builder we had a contract with, needed us to start his current house according to the time of our contract. this pushed us a couple of weeks and when we came back, the winter had begun to set in in force. We were able to get the lacquereing done in a few days, but then it got way too cold to paint the walls/ceilings.

The front door, master bedroom arcadia door, and interior garage man-doors, were not closed up. I Attempted many times to get the builder to close up the place so that our propane heaters would make a dent. We covered the openings with thick plastic and tarps, but the wind ripped through and made that difficult. To top it all off, the great-room had 24 foot ceilings. I ended up using about 100 gallons of propane and diesel to eventually heat the place in closed off zones.

All of this caused us to double our man-hrs, even after the extras for cleaning the mud off the woodwork, and re-mopping the walls, ect., after the place was retextured. I have literally spent more on doing this job than what I bid.

Before the bad stuff happened, since we had done a very nice job for them, I was invited to attend a bid meeting to be able to bid on a million dollar contract to paint semi-spec homes (that will not be built until sold to homeowners -- they had quickly pre-sold 22 homes). All was looking good. We were notified in a fax to all bidders that we had been awarded the contract. We called their mother company to get the papers moving, and they told me that a certain man had all of the papers already and I needed to get them from him. This man had already been slow to return my calls. He then stopped returning my calls (I heard that this was normal for him). During this time, was holding my schedule open for the project, which caused me to not gain another project I was just a little less interested in. Then, I was informed that the specs had been changed and I had to rebid. During this time, they had begun to string us along on us being able to finish a few of the finals on the first house we had started for them (small little touch-ups). I made every effort to get in the house and by that time, the house had been certified and moved into. Now, I am not getting paid for the finals! Then, there is another smaller home where they ticked-off the homeowner because they wouldn't return his calls... I am not getting paid for those finals either! Then there is the biggest house I mentioned where I lost money.

Then I find out that the man hired his own crew and the painter-helpers were bragging/leaking at the bars, ect. that they were doing the bigger project. I also found them doing another job that I bid on. So, they are now blatantly wasting my time (I understand that I will not win many the jobs I bid on).

I don't want to do business with these people any more! I found out that this builder has strung painters along so as not to pay the final payments!

I had not signed any lien releases, but I don't think it will be worth it to do the liens because I will just waste more time and money.

They agreed on the contract to pay 5% per month (late fee) each invoice is late, and it has been months.

Any comments? Advice? Can I sue for damages maybe?

If you need more info, let me know. I am not sure if this problem is clear.

Thanks.

Joewho

Not enough info. Need more specifics on "made every effort".

The houses have closed? Can't lein them. Contracts usally specify when finals have to be done. "prior to final walk through" is my favorite.

If you made every effort and the responsible party prevented you, then you could probably ask for some money, in court. Providing your contract is solid. They may have seen a weakness in you contract and capitalizzzzzzed on it.

If you didn't have time, or waited for them to call you, probably no leg to stand on.

On big projects like this, they usually have follow up repairs and touch-ups as part of the sale. You may still be able to do the occupy'd touch-ups and get paid the original contract. All speculation, but dealing with big companies is tricky, the more we learn about it, the better chance we have.

Brushslingers

You can take them to small claims, but it could stretch out for a few years. You basically learned the hard lesson of... "ONE TOUCH UP ONLY" clause in your contract.

__________________
Benn

Workaholic

Well at least they taught you a lesson. How much did you leave in for touch up? In a big house i leave 2 grand, in smaller homes ( less than 3000 sqft) i leave nothing. Of course i have a very good reputation for reliability.

__________________
Sean

TimAZ

Actually, I put in a 2 man-day touch-up deal for the finals, And I have already done more than that (in good faith).

As far as 'made every effort', my 3-man crew and I combed through the house for a day and a half (5000 sq ft livable). I had an appointment to go to, so, I had to leave before I saw for myself that we were totally done. I billed them for the final progress payment -- the reamining 10%. I went back over to the house and the new locks were installed. My construction key no longer worked. I caught up with the Builder who said that he would do a final walk through -- which he never did. I called him and left voice mails that he wouln't return (and still wont). I finally caught up with his superintendant who handed me a key. I went over to the house and it was the wrong key. I tried to call the super back and left a voice mail about the key (several times) and he, now. will not return my mesages. I know that it's not a quality issue, because this house was owned by the 'big whig' that awarded me the big contract (after his house was done). The builder was becoming the 'big whig's' project manager for the housing development. The builder then hired his own painting crew (my foreman knows a few of them, and they leak info. to him) that seems to think they are now doing the project. It's kind of complicated.

I think I'm being cut out so they can get the money. The funny thing is, is that The employee leaks now are saying that they can't get a painter to paint their 2 model homes that are just sitting there waiting to be stained on the exterior. I drive by there to get to other jobs I do in the area.

Now, I find out that this builder has been known to string subs (and other paineters) along to get out of paying the finals.

My contract is ls worded in such a way that I am to be payed when the progress segment is 'substantially completed'. Also, they agreed to pay a 5% late fee for every 30 days any progress payment is late. All my contracts now include a 10% late fee.

In this area, I am finding out that I have one of the better worded contracts -- I actaull include a Scope of Work in mine, and many of the others don't.

Dave Mac

repaint market

MakDeco

indeed!

__________________
MAK Deco