Ok I entered in to a contract for concrete counters, shower tile and level 5 skim coat about 15,000. I completed the work for the skim coat, the home owner was not satisfied but paid in full for that , But now want 4500 back with in five days or is taking me to small claims, can I keep the deposit for the kitchen counter of 550 or ten percent of the contract they cancelled
By law you are required to give back $285.65 to the homeowners daughters first cousins little sister unless the contract was sign between 12-2 pm on a tuesday while raining in new york. What I like to do is go to the Dunkin to get a coffee, usally around 530 am but sometimes around 4-10 am or later if u want to meet someone there or even down at any walmart on a day where the dog is barking, tires will be on sale, i know someone that eats tacos at least once a year!
Welcome to contractor talk, glad your first post is awesome!
Not only do you get to keep the deposit, you can also sue the HO in large claims court (screw that small claims stuff....that's for small players) for triple your initial fee + the expenses. Since you were probably going to rent a tile saw for the bath and a mixer for the countertops, bill her for those too!
These HO's have some nerve cancelling a the remainder of the contract just because they don't like the quality of work....jees!
Before you sue her though, make sure you ask for a testimonial letter to add to your portfolio.
On what bases he is taking you to court? You have a contract and both of you should abide by the contract and do your part. Either party fails to meet the terms of that contract will be in Breach and the other party is liable for all of the amounts owed.
With that said, if he changed his mind using you to complete the rest of the work, you have the right to make your profit.
He taking me to court because he said of inadequate work from my crews. He home is old I explained if he wanted perfect walls we would have to remove the drywall shim and shave the studs and straight edge them, Or float out over our skim coat all the walls. Had I know they would put 61 patches in while our work was being performed I would have recommended replacing all those areas with new dry wall.
I understand building standard is looking at the wall from 4 feet away straight on in normal light, Not on an angle, Most of the photos are on angle to show our work, But if you look hard with bounce light you can see imperfection.
Well, I think it really maters wether your level 5 looks like crap or not. The definition of level 5 is a pretty high standard, if you didn't meet industry standards they have an argueable case regardless of the contract. Care to post pictures?
Yes I have 65 photos, But do not know the legalities of showing some else's house with out their permission. I took many pics showing all steps from hanging to taping 2 foot seams, all touch ups marked with blue tape, to sanding and blending. We came back three times to touch up areas of concern after egg shell primmer. From the framing to the 20 sheets of board plus another 21 sheets for the 61 patches they installed while we were skim coating. I did bill him an extra bill of 1600 and gave them a discount for 1200 just to cover labor I did not charge for my time. We skim coated by hand 2700 square ft house, I walked with the the client who signed the contract. She paid for half of the contract and her boyfriend paid for the balance. Its a level 5 over 40 year old hill side home. They are acting as the contractor builder.
The big problem was they started opening up the walls through our already skim coat . I estimated 6 work days with a crew of four at 35 per man hour, A days cost $1120. with two week total for scheduling, between all coats and sanding 6 actual work days to complete the job. And there where 61 patches through the home during our work. He has issues with sunlight early and late that show imperfections in their previous framing, also some sanding scratches and pin holes and we went back three times for small touch ups.
But he is looking for a floated wall beyond skim coat price. However he did not pull a permit for the work and removed all the pop corn ceiling (most likely aspens) with two of their street labors. Not a certified abatement contractor I had to warn them what they were doing as there 9 year old child was kicking the piles of dryed asbestos next to us. I told him it was all over the place in his HVAC. he reply iIwill get up there with a shop vac.
The third time we went for touch up there where about 7 touch ups around the home including two seams about 2 feet long that hairline cracked or flared a bit. I asked her how the rest of the house was she said it looked good. I took pics of al the touch ups to show our work. He has concerns with some light sanding marks and some pin holes. As I told him we would come back once more for any small touch ups. He declined to have us come back. Our pictures show very nice finished wall. He sent some to me as the sun was setting showing the imperfections in the wall!
If he is running the project as contractor/builder..you should report him for doing the work improperly in regaurds to the asbestos abatement. He is from my understanding of the CA laws, "liable".
I mean in all honesty, i would hope that his friends would take his side. But from a legal standpoint..your not doing anything wrong by squaring up and walking if you did the work right. If he decides to take you to court, he has alot more to loose than you once they start getting into his project..if he is smart and has done his research he knows this and is bluffing you.
again idk the exact contract, havent seen the work..dont know what the deal is 100%. But from what you are saying..he has violated laws on that project. HO, acting as the builder in CA has to pull the permits and is ultimately responsible for following all the laws on a projects. He is the "contractor"
Ya, I am afraid he will find sanding marks or some more pin hole we did not see and use that against us, Although I wrote him letter that if he found any areas of concern we would take care of them. Have not heard back. I even offered a free concrete counter for their master bath to help satisfied them. To show I was not bailing on them. Owell can't lose sleep over it. thanks for the help
sounds like you really don't have much to worry about..not sure how the laws work and if the legal system would find fault in you as a contractor about working on a job wit no permits though..
that's the beauty of our system..people can sue all they want..but now they have to get the money ..which is very difficult to do from our types of businesses....its really a joke..
this comment may spark a series of comments, but its fact..
the court may tell you or your business you owe the money,but they cant make you pay..
I would be prepared for false documentation of the job form the HO..if he has painter friends, they will probably fabricate a bill for repairs larger then the disputed amount with no repairs ever actually have taken place..
now to answer your original post, the deposit for the counter tops depends on what you have done..did you purchase materials for it? order it? special order etc?
He may just be entitled to a portion of it..legally and /or morally..
He don't have to give him nothing back... The HO is a GC and he hired him to do counter top, taping and tile work... jobs that don't require permit, and if the whole job did require permit, that would be the responsibility of the HO, who is acting as GC.
and depends on the conscience and morality of the OP...
i doubt this will even see court, but if it did...courts favor HOs..
the court wont look at them as a GC..it will look at them as a Homeowner/consumer..
I personally would just give 275 back on the counters..he is paid for all other work.
the 275 i keep would justify and work i put in the counter tops..pricing,calls estimating..
if ti ends up in court.. it would look favorable..
if the order was placed and there are materials on the line now..then the owner can go scratch..
all legalities aside, we are still men with I hope some morality..
why keep something you didn't do..he didn't put in the counters..
and still walking away paid for all work, plus 275..
or just play hardball and wait for court..
I personally don't think he has anything to worry about even if it all blew up in his face.
A deposit is a guarantee. If they want to renege, then they lose the deposit. They are the ones in breach of the contract, not the contractor. It's not dishonest to keep the deposit. The fact that they are threatening to sue for $4500 speaks volumes to their intentions.
Nobody's even mentioned RRP. If the home is that old, then RRP practices should have taken place. If the HO is acting as the GC I'm not quite certain exactly what his responsibilities are. You may also be on the hook as well since I'm "assuming" you also carry a license. In which case, you should already be RRP certified and doing RRP LEAD SAFE procedures on a home that old.
If this thing ends up in court, this could be a huge can of worms where all parties involved could be in some trouble.
Yes I agree with you on all parties getting the shaft. When they called me to the job for a first look at the walls, ceiling and kitchen. All the pop corn ceiling was on the floor. They completed that work before I stepped into the property. They also have a another contractor who is remodeling the bathroom, moving electrical and plumbing with no permits
Thanks for your reply. He was referred to me by a friend of a friend for the counters, When I met with them we discussed that I helped run one of LA biggest residential drywall companies, so that how I got in to that contract with them. We have very picky clients as we did Steve Perry Home many celebs home. This house cal bird view in Malibu, 26,000 million dollar home. But I have never been to court in 23 years of being a contractor. I really try my best to satisfy the customer, I do take photos from start to finish
Sorry brother but that's just class BS. People with money and a lot of people without money get off all the time. Get over it.
Contract law is very different. And Greg is correct proving a loss is not as easy as you make it.
I would also think that you should know better. Since you have admitted to not ever really being sued, then how can you argue with a guy who has been sued three times? Stop being an arm chair lawyer and stick to what ever it is that you do.
Well Gentalmen thanks for all the feed back, They did back out of the signed contract for the shower rebuilt and the counters about $11,000 I just heard their is a painter at the job that has done a lots of touch ups. So it will be interesting. I sent him a quick email saying my attorney would be requesting all permits and plans. As I know he does not have either. I hoping he realizes he might have much to lose to go to court. And will leave it alone I want to use the deposit to negoiate a realease for my company not to sue in the future. Another note I did it eat it once in arbatration the state board never went to look at a job. Just took the word of the HO and a bid from another contractor to replace the work. I found out these two partners in Long Beach did the same thing to the general and he lost his lisence
Not a civil case, but does indicate sometimes facts that are not really relavant to the case at hand can influence the outcome.
Money? Influence? Consequences?
All the above heavily laced with #3.
Btw, Imo, the gloves never did fit. This was evident in the film footage of him wearing the gloves. Add a little dried blood and a pair of light weight gloves ( light cloth, rubber?) on the hands and what you have is a joke.
OJ didn't get off because he had great lawyers, the LAPD took care of everything he needed to be found not guilty. However he was found guilty in civil court.
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