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Taking Over Bathroom Reno

 
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Old 09-01-2016, 04:12 PM   #1
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Taking Over Bathroom Reno


Back in the spring I went and looked at a master bath remodel and gave a price for it. Like so many customers they decided to go for the lower bidder.

I was contacted again by the homeowner about finishing the project as it has barley progressed and now the contractor is along the homeowner to pay the sub doing the work.

This month is a slow month for me as I didn't want to over book myself as my first child is due the first week of October. This means that I have the time to fix this bathroom.

My concern is protecting myself from the past contractor and pricing a job that some things may need to be redone and with products that I am not familiar with

Any help is greatly appreciated
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Old 09-01-2016, 04:28 PM   #2
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Re: Taking Over Bathroom Reno


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Old 09-01-2016, 05:17 PM   #3
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Re: Taking Over Bathroom Reno


It can be a ROYAL PITA taking over a job...

but if all goes well you end up being the HERO....

The owners have to know what will be involved.

Unpaid material bills
Unpaid wages
Will likely need a restraining order to keep original guy away

Is there a permit for the job?

How does other guys contract read?

You will need an unforseen/unknowns clause in your contract

and a SOW for what can readily be identified as needing done

Don't get your comment about materials you are not familiar with

May be best not to get involved
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Old 09-01-2016, 05:55 PM   #4
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Re: Taking Over Bathroom Reno


The homeowner got the permit for the contractor

I have no idea what the other contract says. Would it be worth looking at the other contract?

The materials that I'm unfamiliar with is the infloor heat it's wired in but just coiled on the ground with no packaging.


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Old 09-01-2016, 06:34 PM   #5
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Re: Taking Over Bathroom Reno


Congrats on the soon-to-arrive baby!

Too bad that customer doesn't realize that the cheapest bid often results in the most expensive job. With that in mind, my starting point for pricing a job like that would be the original price quoted. Of course, some of what the other contractor did may have to be repaired/replaced so the price may well go up.

Before doing any work I would find out all of the details of why the job isn't done. Was so little work finished because the customer made changes, could make decisions, or was otherwise difficult to work with?

If you choose to do the job make sure to do it on your terms. The customer had the chance to hire you first and chose to be cheap instead. If it costs them more to get it done correctly now that's on them for making a poor choice months ago.
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Old 09-01-2016, 06:37 PM   #6
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Re: Taking Over Bathroom Reno


IMHO, you should treat it as it is... a new contract... review the site as a you would a new contract (in fact, when inspecting it, pretend the customer was the one who brought it to that point)... check what needs to be corrected, if any, and submit the new bid with what you need to do to complete it...
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Old 09-01-2016, 06:48 PM   #7
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Re: Taking Over Bathroom Reno


From what I have been told is the contractor subbed out the job and hasn't paid his sub. The sub told the homeowner two weeks ago that he wasn't doing anything else till he was paid. When this was brought up with the contractor he said he was out of the province and asked the homeowner to pay the sub. The homeowner refused to pay the sub.




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Old 09-01-2016, 07:45 PM   #8
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Re: Taking Over Bathroom Reno


Quote:
Originally Posted by Stunt Carpenter View Post
From what I have been told is the contractor subbed out the job and hasn't paid his sub. The sub told the homeowner two weeks ago that he wasn't doing anything else till he was paid. When this was brought up with the contractor he said he was out of the province and asked the homeowner to pay the sub. The homeowner refused to pay the sub.




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Did the HO pay the contractor to pay the sub to begin with? If not, I wouldn't get in the middle of this until the financials are straightened out especially since you don't know the contractual responsibilities involved and are only going on what the HO is saying...
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Old 09-01-2016, 07:54 PM   #9
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Re: Taking Over Bathroom Reno


I have taken over many jobs where the previous contractor was fired or never came back. I have never had a problem. Just change the name on the permit at the building dept.

No need to worry about previous contract or wages as long as previous contractor was properly terminated. You have to supply your own contract, I usually do them T&M because there may be some hidden items.

Every one has become a very good long time customer. Just show up every day and do what you said you would do.
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Old 09-01-2016, 07:55 PM   #10
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Re: Taking Over Bathroom Reno


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Originally Posted by Stunt Carpenter View Post
I have no idea what the other contract says. Would it be worth looking at the other contract?

Not to me. My contract would be all I care about.


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Old 09-01-2016, 08:03 PM   #11
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Re: Taking Over Bathroom Reno


Quote:
Originally Posted by KAP View Post
Did the HO pay the contractor to pay the sub to begin with? If not, I wouldn't get in the middle of this until the financials are straightened out especially since you don't know the contractual responsibilities involved and are only going on what the HO is saying...


I've been told they have paid over 60% of the contract.


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Old 09-01-2016, 08:10 PM   #12
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Re: Taking Over Bathroom Reno


Quote:
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I've been told they have paid over 60% of the contract.


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Makes no difference to you if they paid 1% or 99%. You have your own contract.
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Old 09-02-2016, 07:24 AM   #13
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Re: Taking Over Bathroom Reno


The issue becomes what does that 60% represent of what was done (and what percentage of the work completed), was it done to code (inspected) and if not what has to be corrected and what progress was made, as well as, was the contractor provided opportunity to make corrections and/or finish the job...

From what's been posted, it doesn't sound like she is unhappy with the work itself, but just the amount she has payed versus what's been done...

Some of it depends on your state... but without addressing those issues, you may find yourself inserted into a legal issue as in most states, you can't just fire a contractor without cause... and in this case, it was subbed out and the person performing the work has not been paid, so liens could be involved because of non-payment... and now you have three parties involved...

If they have been addressed, and the contractor was fired within contractual parameters, your contract is all that matters going forward, but I'd encourage you to document everything, get payment UPFRONT and staying ahead of the draw and be sure your SOW is detailed...

If you're going to do it anyway, just be sure all the issues are addressed in writing and you cover all your bases...
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Old 09-02-2016, 02:06 PM   #14
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Re: Taking Over Bathroom Reno


I believe they are within their rights to cancel the contract as the timeline for the project has not been meet.

As for the progress so far the have finished demo and plumbing and electrical rough ins. The walls are still open so that is good.


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Old 09-02-2016, 03:16 PM   #15
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Re: Taking Over Bathroom Reno


Quote:
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Not to me. My contract would be all I care about.

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Reasons I would want to see original contract:

Legality of the contract

Who is the GC who's work I am taking over

What was the original intended scope of work

Material specs

Time frame for work

Was the price realistic or a low ball fishing expedition

any penalty clauses

any legal clauses that could be detrimental to the owner or me

an insight in to the owners to see if they knew what they were signing or were they gullible or duped in to signing

There are at least two sides to every story. I would want a very clear picture of why the the job blew up before I jumped in.

I have taken many jobs over. Most were referred by neighbor or friend, but some were referred by an engineer or inspector.
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Old 09-05-2016, 06:09 PM   #16
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Re: Taking Over Bathroom Reno


I'm with rrk on this one. I've made a nice living picking up after others.

The nice thing is, these customers are "previously spanked". They're done bitchin' about prices and just want the thing done right. They are some of the customers with the most gratitude when you're done.

Be bossy. Get your money up front and you'll be fine.
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Old 09-05-2016, 07:42 PM   #17
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Re: Taking Over Bathroom Reno


They usually become my best customers because they know what can happen when things go bad.

The legality of the previous contract means nothing to you, just your contract matters

Previous timeframe has no bearing what so ever on your time frame

I once took over a job where the previous contractor said everything was on site and should take 3 or 4 days to finish. I paid no attention to that. I fished almost 3 months later. No kitchen drawings, no item list, incorrect fixtures & appliances, not enough cabinets, plumbing in wrong place, wired by Helen Keller, no rough inspections, 18 open permits.

Job came out perfect, even the inspector could not believe I completed the job without problems.
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Old 09-05-2016, 10:12 PM   #18
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Re: Taking Over Bathroom Reno


Quote:
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I believe they are within their rights to cancel the contract as the timeline for the project has not been meet. ....
Most often not true.
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Old 09-06-2016, 04:10 AM   #19
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Re: Taking Over Bathroom Reno


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Most often not true.
Just to elaborate on that: A homeowner who wants to fire a contractor for being late needs to show that the homeowner doesn't share the blame (late payments, late selections of finishes, always lived up to their schedule responsibilities, etc.) and show that they (the homeowner) played hardball with the schedule. Once the contractor has begged for extra time, and the homeowner says yeah, OK, then the schedule means a lot less.

I'm not saying you can't chase away a prior contractor, and in the current example it sure seems like there was plenty else wrong, but you can't count on schedule problems alone giving you or the homeowner any sort of protection from the prior contractor coming after them for breach of contract, or you for interfering with the contract.
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Old 09-12-2016, 06:28 PM   #20
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Re: Taking Over Bathroom Reno


This was the 70% complete



The tub had to be removed this morning because it had no venting and the quartz that was underneath it was never installed it was just sitting there


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