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How Do I Get Out Of This Contract?!

 
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Old 06-21-2012, 11:51 PM   #41
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Re: How Do I Get Out Of This Contract?!


I dont put myself in that position anymore,mainly because 50% uprfront,30% on substantial rest on completion is too big of a leverage to let HO screw around when THEY KNOW you cant close it off.
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Old 06-22-2012, 04:56 PM   #42
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Re: How Do I Get Out Of This Contract?!


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Kam, not to sidetrack the thread, but as an example - I am currenty doing an $80,000 reno for a great, repeat customer. No contract. It's cost plus. They give me money, I work.

These are the best kind of clients. Requires trust, but the hell with the ones who make your life a misery.

Just tell this guy what's got to be done, be assertive but polite. If he has half a brain he may realize that he is lucky to have a contractor that knows and is willing to do things right, rather than just cover it up.
I would agree on being assertive and polite and not trying to cover it up, which could make a bigger mess and a potential lawsuit. As for the Luck of working with someone you don't need a contract, yes, that's awesome, but when you get down to it, always cover yourself! They may be legit one project, but you could have an issue with another. And if later you try and say "here's my contract" and they say "We didn't have to sign one before" things get messy. ALWAYS be consistent and whether or not the details are in this contract, add it to the next in a bit more detail. Like one of you guys said before 1/2 a page usually turns to about 12 with experience.

Also, question, what did the inspector do when he came out? Did he even look at what you asked him to? Is there anyone else you can get out there sooner? Sorry you're in this one, man. Looks like until that inspector comes back, it's between you and the HO
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Old 06-22-2012, 05:11 PM   #43
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Re: How Do I Get Out Of This Contract?!


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load your tools first, then quit via text message. That's what happened to me once
Once you were attacked by bees or someone did that to you?!...because when it was a joke it was funny...when it's real...not as funny...sounds painful either way...
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Old 06-22-2012, 05:20 PM   #44
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Re: How Do I Get Out Of This Contract?!


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Originally Posted by overanalyze View Post
Remind the customer if he doesn't want to fix the termite damage, he is required to disclose that the house has termite damage when he goes to sell it...may help change his mind.
Great point! Wonder why none of us thought of that? Unless he doesn't plan on selling it? Though, my question to the HO is, if you find termites, don't you WANT to fix that problem?! Termites are no joke...or maybe he hopes "out of sight, out of mind"?
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Old 06-22-2012, 07:09 PM   #45
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Re: How Do I Get Out Of This Contract?!


I think the roof is sagging where the framing was cut in the wall and the op doesn't want/know how to fix it.
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Old 06-22-2012, 07:30 PM   #46
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Re: How Do I Get Out Of This Contract?!


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Originally Posted by Metro M & L
I think the roof is sagging where the framing was cut in the wall and the op doesn't want/know how to fix it.
What framing cut??
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Old 06-22-2012, 07:51 PM   #47
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Re: How Do I Get Out Of This Contract?!


Kam, can you upload a pic of th damage?? I mean what are we talking about here? rotten sill? rotten studs? how my feet of wall? What will it take to fix it? 1 day, 1/2 day?
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Old 06-22-2012, 08:29 PM   #48
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Re: How Do I Get Out Of This Contract?!


"Contract is for work listed above only, Any additional work, or CONCEALED DAMAGE WILL REQUIRE ADDITIONAL WORK AND CHARGES, ESTIMATE WILL BE PROVIDED FOR ADDITIONAL WORK TO PROCEED."
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Old 06-22-2012, 08:51 PM   #49
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Re: How Do I Get Out Of This Contract?!


How do I get out of this contract?!-image-2123884203.jpg



How do I get out of this contract?!-image-2361203390.jpg

All I have on my phone not bad pics but not very representative of my challenges
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Old 06-22-2012, 10:29 PM   #50
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Re: How Do I Get Out Of This Contract?!


The framing looks fine. What you worried about? Are there moisture problems? Why not shove some insulation in there where it needs it and board it? I think you are worried about nothing. if the lumber is eaten, scab a new peice on to it. The average person moves every 7 years or less.
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Old 06-22-2012, 10:31 PM   #51
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Re: How Do I Get Out Of This Contract?!


I see an electrician that needs to be shot.
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Old 06-22-2012, 10:36 PM   #52
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Re: How Do I Get Out Of This Contract?!


how you get out of your contract is simple..you do it the same way attorneys remove themselves form cases.. you send a certified letter to the forces that be..in this case..the HO and a copy to the local building department and or state licensing board.

you state the problems and that you can not properly facilitate the job without proper funding to complete the job to code/industry standard.

if te provision is in your contract( and even if it is not)..if you are not paid...or getting approvals for change orders..you do not have to proceed.

miss payment to lawyer and see what happens..he sends a letter to the judge and asks to be removed.
if the judge declines..just wonder how hard this lawyer will work..hmmm

no money..no honey
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Old 06-22-2012, 10:36 PM   #53
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Re: How Do I Get Out Of This Contract?!


yeah, is that j-box accessible or is it going to get covered up?
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Old 06-23-2012, 01:50 AM   #54
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Re: How Do I Get Out Of This Contract?!


Quote:
Originally Posted by kambrooks View Post
Attachment 73702



Attachment 73703

All I have on my phone not bad pics but not very representative of my challenges
Ok, I stand corrected on the cut framing. I don't see anything rotted except maybe a sill plate.

I don't know about you but if all that stood in the way of collecting payment was a day's labor and $100.00 worth of lumber I would make it happen no question. Much cheaper than complaining about it or getting sued over it.
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Old 06-23-2012, 08:55 AM   #55
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Re: How Do I Get Out Of This Contract?!


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Ok, I stand corrected on the cut framing. I don't see anything rotted except maybe a sill plate.

I don't know about you but if all that stood in the way of collecting payment was a day's labor and $100.00 worth of lumber I would make it happen no question. Much cheaper than complaining about it or getting sued over it.
That ain't a whole days labor
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Old 06-23-2012, 08:58 AM   #56
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Re: How Do I Get Out Of This Contract?!


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That ain't a whole days labor
Agreed. I know no one likes to cave to the client, but if this is the only thing standing in your way, just have the owner sign a paper that he wanted you to cover it and move on. Make two copies of the agreement, both sign and date in red ink and forget about it. Can't fix stupid.
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Old 06-23-2012, 02:03 PM   #57
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Re: How Do I Get Out Of This Contract?!


Doesn't look too bad, i'd just replace anything where your nailbar can dig into, treat anything minor than that. Doesn't look like more than a couple hours and a few bucks worth of lumber, hard to tell the whole scope from the pics though.

It sucks having to do additional work, however you have to take a step back and ask if it's worth the hassle of getting into it with him over the amount of work there is. That junction box shouldn't be boarded over though, if that was the case. Things like that you may want to insist an electrician fixes, and that should definitely be on his dime. (his house not yours) Opening up walls like that he should be prepared to handle surprises.
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Old 07-30-2012, 08:34 AM   #58
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Re: How Do I Get Out Of This Contract?!


Is a certified letter to the homeowner good enough here...

They've expressed in an email that they don't intend to pay. Can I draft a letter stating we lost faith in their willingness or ability to pay and therefore are not going to continue to work until that faith is restored?

Or do we have to finish
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Old 07-30-2012, 09:01 AM   #59
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Re: How Do I Get Out Of This Contract?!


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Originally Posted by kambrooks View Post
Is a certified letter to the homeowner good enough here...

They've expressed in an email that they don't intend to pay. Can I draft a letter stating we lost faith in their willingness or ability to pay and therefore are not going to continue to work until that faith is restored?

Or do we have to finish

if ti ends up in court, i can tell you thst not finishing a job is rarely a good thing...however, if there was a payment schedule that has not been met, or if the Homeowners are asking you to violate code and or do the wrong thing, you may have a leg to stand on for not proceeding with the work.


every state is different although I'm sure many similarities to these types of situations..you are best speaking to an attorney..or visiting a legal forum ..their advice would be best..

I think due the nature of the situation, in most instances, both parties would like to and want to terminate the relationship..Why don't you just call and find out rather than guess at it..
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Old 07-30-2012, 09:15 AM   #60
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Re: How Do I Get Out Of This Contract?!


I do sympathize with your situation! First, draw up a waiver for the HO to sign knowing there is a termite problem. Support the infected area as cheap as possible. Spray a coat of oil base Kilz on the area, scab in to make sure your door buck will be solid, and move forward....!!!
Offer No Guarantee on this particular area. Just get R done Brother and
call for your next inspection!

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