What does your contract state with client . And did it get signed before start of project .
Customer cancels job on the day we started, advise
i have a problem with long time customer all the sudden, questioning my prices on a tile floor. I have been polite the entire time, reponding respectfully, providing detailed information to calm her. I even advised her to get a second opinion several times and gave her ample opportunity to find another contractor. On the day we started, we found congolium under the laminate floor which would require additional time to take up (hot air gun). I call and express the need for additional time and she told us to stop until she had a chance to think about it. never asking what additional costs would be involved. later that morning she emailed me telling me i lost the job.
I tried once again to reason with her telling that i moved my schedule around to accomadate her as well as gave her ample opportunity to find another contractor if she was no longer happy with my services. I then went to her house later that evening and told her i would not charge her for the additional work. the next day she fired me from the project.
Can anyone provide feedback on what my rights are? I rearranged my schedule after she requested i start one week later (she was aware i had to do this) I cannot go back to my customer and ask to change my schedule again as i would look incompetent. I am loosing almost $3000 on this project with no way of recouping my cost.
I tried once again to reason with her telling that i moved my schedule around to accomadate her as well as gave her ample opportunity to find another contractor if she was no longer happy with my services. I then went to her house later that evening and told her i would not charge her for the additional work. the next day she fired me from the project.
Can anyone provide feedback on what my rights are? I rearranged my schedule after she requested i start one week later (she was aware i had to do this) I cannot go back to my customer and ask to change my schedule again as i would look incompetent. I am loosing almost $3000 on this project with no way of recouping my cost.
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Yes, she accepted via email and provided a check materials
*check for materials
But his her signature on the contract with start and finish time estimates?
Signature is not on estimate, but she provided a deposit and there approximatly 40 emails (literally) accepting the job and a deposit for materials as well. is that not enough to prove lost wages?
We physcially starting ripping up the floor. I still have one of checks for materials in my pocket.
We physcially starting ripping up the floor. I still have one of checks for materials in my pocket.
The guy who wrote my contracts said the contracts 2 most important things are the signature and the down payment. He said without both of these its useless.TZuber said:Signature is not on estimate, but she provided a deposit and there approximatly 40 emails (literally) accepting the job and a deposit for materials as well. is that not enough to prove lost wages?
We physcially starting ripping up the floor. I still have one of checks for materials in my pocket.
Of course you still have to have about 200 other things in there but you won't have much luck without a signature on a contract.
I'm sure guys in the know will soon be in here as I don't know a lot either lol
Estimate & Contract are not the same thing.
Not sure what you can recoup besides payment for the work and materials already invested in the job.
As far as contract, I think you're Ok because you have an email agreement, down payment, and commencement of work.
http://www.legalzoom.com/business-law/contract-law/oral-contracts-do-they-carry
Add: and hang onto that check until an agreement is reached on a settlement.
As far as contract, I think you're Ok because you have an email agreement, down payment, and commencement of work.
http://www.legalzoom.com/business-law/contract-law/oral-contracts-do-they-carry
Add: and hang onto that check until an agreement is reached on a settlement.
cut your loses, leave it be.
the client might be PMS, or the contractor screwed something up in the relationship.
either way, let it be.
ya can't make everybody happy
the client might be PMS, or the contractor screwed something up in the relationship.
either way, let it be.
ya can't make everybody happy
ouch...these are the lessons I learn from this site, sorry for your loss on this one, but thank you for sharing.....
so, if I can't recoup lost wages, how about the hours and hours of deisgn advice and fuel for finding materials the last 6 months for her...
Were you under contract to provide design advice & services?so, if I can't recoup lost wages, how about the hours and hours of deisgn advice and fuel for finding materials the last 6 months for her...
Free estimates are one thing--many of us do that. But if you didn't build compensation for the above into your unsigned contract, if there even is one, that's your oops. :sad:so, if I can't recoup lost wages, how about the hours and hours of deisgn advice and fuel for finding materials the last 6 months for her...
Most of these verbal contracts end up going no where. At best you may get the money back you spent on materials and running around if your lucky. Its not something your gonna fight for such a small amount if money. Just get what you can and leave it at that.
Here in lies the problem, you can document your costs and % of markup and ask for what you feel is reasonable. But if they don,t agree and fight it at what cost do yo
Continue down a rabbit hole.
I had a very successful gentleman yell at me once and informed me that you will never make any money doing work twice. Sounds correct doesn't.
What he was explaining to me was you never write an estimate ever, you always write a contract, anything put down on paper should always say contract of sale or change order and all contracts should have cancelation penalties spelled out and the terms of what a allowed cancellation is and what a breach of contract is.
Never begin any work without a contract signed, even you local car service people have you sign a service contract when you bring it in noting pricing and terms of service.
Depending on the size of the check in your pocket other laws apply also.
In the end though you really need to consult a attorney, who does contractor contract law to know what your rights are and aren't.
Anyone else here is just speculating on what we would do, not what you should do.
Continue down a rabbit hole.
I had a very successful gentleman yell at me once and informed me that you will never make any money doing work twice. Sounds correct doesn't.
What he was explaining to me was you never write an estimate ever, you always write a contract, anything put down on paper should always say contract of sale or change order and all contracts should have cancelation penalties spelled out and the terms of what a allowed cancellation is and what a breach of contract is.
Never begin any work without a contract signed, even you local car service people have you sign a service contract when you bring it in noting pricing and terms of service.
Depending on the size of the check in your pocket other laws apply also.
In the end though you really need to consult a attorney, who does contractor contract law to know what your rights are and aren't.
Anyone else here is just speculating on what we would do, not what you should do.
I'd be deciding if you want the money from that check pretty quick before she calls the bank and puts a stop on it.
No Contract for design and advise
Well, the check in my pocket is only $225.... However she did offer me $500 for my compensation. guess I should take it run!!!???
oops, I meant accept the $500
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