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Contract Issues

 
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Old 06-01-2009, 06:56 PM   #1
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Contract Issues


So I signed a contract last year to rough dig a pool and install 6500 sq feet of pavers. While waiting for pool to be completed a unlicensed hack showed up and offered to finish pavers for have the balance I have remaining on Contract with H O. I explained to her by law its my job and I am obligated to finish and get paid based on contract. She says due to economy I should lower my price to the hacks. I am entitled to remaining balance on contract including cost of materials? Waiting for lawyer to contact me.
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Old 06-01-2009, 07:05 PM   #2
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Re: Contract Issues


A contract is a contract!

Get all your paperwork and receipts in order because from the sound of it this HO is dumb enough to fight you over this.

If you had it all spelled out in the original agreement that the pavers were part of the job accepted, this is a slam dunk for you. lawyer costs will have to come out of the HO pocket. it's headache though I know......

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Old 06-01-2009, 07:09 PM   #3
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Re: Contract Issues


Next time I go to burger king just before I finish my Whopper I'm gonna go up to the manager and DEMAND that I get 75 cents back because I remembered that Jack n the box has a sandwich for 99 cents!

And I should be able to get the difference, since the economy is so bad!


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Old 06-01-2009, 07:19 PM   #4
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Re: Contract Issues


Quote:
Originally Posted by NICKPAUS View Post
She says due to economy I should lower my price to the hacks.
Due to the economy, why is she contracting to build a luxury like a swimming pool?
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Old 06-01-2009, 07:23 PM   #5
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Re: Contract Issues


Quote:
Originally Posted by PGD View Post
A contract is a contract!

Get all your paperwork and receipts in order because from the sound of it this HO is dumb enough to fight you over this.

If you had it all spelled out in the original agreement that the pavers were part of the job accepted, this is a slam dunk for you. lawyer costs will have to come out of the HO pocket. it's headache though I know......

I have original contract on a pre made form that spells out everything including pavers. She claims to not have enough money and if I take her to court I wont get anything cause she has no more money. She is building a 6500 sq ft house on a 3 million dollar lot. I know she has the money she is just cheap.
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Old 06-01-2009, 07:26 PM   #6
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Re: Contract Issues


You guys must not look very intimidating
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Old 06-01-2009, 09:04 PM   #7
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Re: Contract Issues


It's called a lien, than file suit, win the case, sieze assets and what's the problem here.
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Old 06-01-2009, 09:45 PM   #8
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Re: Contract Issues


Quote:
Originally Posted by NICKPAUS View Post
I have original contract on a pre made form that spells out everything including pavers. She claims to not have enough money and if I take her to court I wont get anything cause she has no more money. She is building a 6500 sq ft house on a 3 million dollar lot. I know she has the money she is just cheap.
Ask her if her husband, Ebenezer, can cover it.

I HATE working for rich, spoiled, selfish people!

Yes, I've worked for quite a few rich people, and most of them were exceptionally nice!
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Old 06-01-2009, 11:01 PM   #9
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Re: Contract Issues


This is precisely the reason I get paid before I start the job. 50% due at contract signing, 50% due when I show up to start work.
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Old 06-01-2009, 11:23 PM   #10
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Re: Contract Issues


Quote:
Originally Posted by NICKPAUS View Post
So I signed a contract last year to rough dig a pool and install 6500 sq feet of pavers. While waiting for pool to be completed a unlicensed hack showed up and offered to finish pavers for have the balance I have remaining on Contract with H O. I explained to her by law its my job and I am obligated to finish and get paid based on contract. She says due to economy I should lower my price to the hacks. I am entitled to remaining balance on contract including cost of materials? Waiting for lawyer to contact me.
F dat Bi*ch. you have a contract. Finish your contract or if she doesn't allow you to finish sue her a**. You have a legally binding contract and are deserving of your expected gross profit on the completed job. If per se you bid the job at 50K and your costs were 25K you would have an expected gross profit of 25K. She gets someone to do it for 10K and you haven't started sue her for the 25K you lost( your expected profit). As far as lowering your price after the fact that is Bulls*ht. Lien the house and forclose on the lien. Watch how fast you get paid.
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Old 06-01-2009, 11:41 PM   #11
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Re: Contract Issues


Ask her for her lawyers name, address, phone number and email because it will decrease her court costs if you don't have to pay someone to serve papers to her.
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Old 06-02-2009, 04:45 AM   #12
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Re: Contract Issues


You will win. File the lawsuit for the whole amount of the contract, not the balance what is owed. She breached the contract. I was two times in such situations and won both times.

Good luck

Quote:
Originally Posted by NICKPAUS View Post
I have original contract on a pre made form that spells out everything including pavers. She claims to not have enough money and if I take her to court I wont get anything cause she has no more money. She is building a 6500 sq ft house on a 3 million dollar lot. I know she has the money she is just cheap.
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Old 06-02-2009, 06:05 AM   #13
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Re: Contract Issues


Ask for all the hacks information so you can make sure you are seeing the price they are giving.

Then once you have the information give it to your lawyer and file a tort case against the hack for interfering with your contract.

A simple and stern cease and desist letter stating your course of action should the hack contract your client any further should do the trick.
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Old 06-02-2009, 11:38 AM   #14
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Re: Contract Issues


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Originally Posted by BobsLandscaping View Post
This is precisely the reason I get paid before I start the job. 50% due at contract signing, 50% due when I show up to start work.
California law I can only take $1000 down or 10% if job is under $10k. I got a check for $5k when I delivered first load of base. Contract is 10k more on final load of base. 20K upon ordering of pavers 8k when halfway installed and 8k upon completion. Not in over my head but I can lose about $18-20k profit or more based on additional sq ft.
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Old 06-02-2009, 11:42 AM   #15
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Re: Contract Issues


Quote:
Originally Posted by RidgeWalker View Post
Ask for all the hacks information so you can make sure you are seeing the price they are giving.

Then once you have the information give it to your lawyer and file a tort case against the hack for interfering with your contract.

A simple and stern cease and desist letter stating your course of action should the hack contract your client any further should do the trick.
Thanks for the good info my Uncle who is a DA told me same thing. Talked to the Lawyer this morning driving out to North Hollywood to meet him on thursday. Said we can go after amount already performed on contract and projected profit of remainder of contract. I delivered another load of base yesterday and planned on dropping another today to see if she stops me. That way she cant say I did not adhere to contract.
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Old 06-02-2009, 12:10 PM   #16
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Re: Contract Issues


this thread is a breath of fresh air. most people are concerned with homeowners getting screwed by contractors. more focus needs to be in place for us as well. gotta stand tough from day 1.;et them know there will be hell to pay if they decide to reneg.
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Old 06-02-2009, 12:18 PM   #17
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Re: Contract Issues


Quote:
Originally Posted by NICKPAUS View Post
.......She says due to economy I should lower my price .........
My standard reply to this attitude is that I can always find someone who charges more than I do... therefore, I should actually raise the contract price!
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Old 06-02-2009, 12:52 PM   #18
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Re: Contract Issues


It could just be a tactic.. For all you know she was talking to some idiot in her office and they gave her bunk advise on how to screw with you.

Get all the factual information you can first of all... Get the information from her mouth... Name of hack, date, time, exactly what she says..

Do NOT contact the hack. You could be accused of harassment and that can be used against you etc. People are notorious liars and manipulative.. They will invent **** just to **** you if and when they find out you put a lien on their ****.

Do NOT default on your contract by stopping work. SHow up and continue as planned. Document EVERYTHING... "If she tells you to leave" stuff like that.

The bad thing about stuff like this is... Even if you lien and sue and win... They don’t have to pay you ****....
I already know this from my own personal experience once... The bitch still owes me 3k... My lawyer says we can take it back to court, but who’s going to pay for it? I do and still end up with nothing.... Taking someone’s house is hard as hell to do.. takes for ever and costs you a trunk load of cash.

I wish you the best
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Old 06-02-2009, 05:46 PM   #19
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Re: Contract Issues


Yes, definitely file a lien on property, although your attorney should advise you on that - this will prevent her from obtaining a loan and/or selling the property. Good luck!
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Old 06-02-2009, 06:05 PM   #20
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Re: Contract Issues


I put in my contracts that if you have to go to court over non-payment, and I win, the HO is to cover all attorney and court costs.

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