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Discussion Starter · #1 ·
Dear,

I had a project which was the interior painting job, and I subcontracted to one of my crews. When they finished the project, they received only portion of whole amounts because a customer unsatisfied with their works. Now, that customer will hire another contractor to redo his project, and want us to pay him back same amount as he paid to us. What should I do? Please help me here.
 

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I own stock in FotoMat!
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12,611 Posts
Lemme guess: No written contract.
 

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Thom
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4,137 Posts
Lets start with the assumption that you are properly licensed and insured and followed all the state laws, took out any required permits, paid taxes, etc. If you didn't do that, you better give them all the money back and pray.

What does your contract say? If you don't have a written contract, just give them all their money back and pray. Assuming you do, does it say you will do it in a workman like manner? If it does, that might offer you a little protection. If it doesn't and there is no standard given, just give them all their money back and pray.

So, you followed the rules, had a proper contract. Is the work done in a workman like manner. This is very well defined for every trade and you better know yours if you want to be in business. If the work did not meet the standard of a workman like manner, give them all their money back and pray.

Assuming you did everything correctly and you have not been paid in full, file a lien or sue in small claims court.

If you didn't do everything right but it is close and the things not right are standard punch list items, you should write them a certified letter explaining you will complete the job per agreement and schedule it and finish the work.

If the work was not done properly nor competently, they need not allow the incompetents (you and your guys) back on the job. If you have not been timely and professional in your dealings, they need not let you back on the job. And, you owe them whatever it takes to do the job correctly. This could be more than the inital contract price if things are bad and you owe them that.

You see, the courts consider you the expert/professional. The courts are hard on guys who hold themselves out to be expert professionals when they are not. For your sake, I hope you did things right.
 

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Al Smith
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2,392 Posts
we have a written contract signed by customer.

then you should say to your client "we had a written contract"

http://library.findlaw.com/1999/Jan/1/241463.html
WHAT IS A CONTRACT?
A contract is a legally enforceable agreement between two or more parties. The core of most contracts is a set of mutual promises (in legal terminology, "consideration"). The promises made by the parties define the rights and obligations of the parties.
Contracts are enforceable in the courts. If one party meets its contractual obligations and the other party doesn't ("breaches the contract"), the nonbreaching party is entitled to receive relief through the courts.
Example: Developer promised to pay Graphic Designer $5000 for creating certain promotional materials for Developer's multimedia work. Graphic Designer created the materials and delivered them to Developer, as required in the contract. Developer admits that the materials meet the contract specifications. If Developer does not pay Graphic Designer, Graphic Designer can go to court and get a judgment against Developer for breach of contract.
Generally, the nonbreaching party's remedy for breach of contract is money damages that will put the nonbreaching party in the position it would have enjoyed if the contract had been performed. Under special circumstances, a court will order the breaching party to perform its contractual obligations.
Because contracts are enforceable, parties who enter into contracts can rely on contracts in structuring their business relationships.
Example: Developer entered into a contract with Composer, promising to pay Composer $4000 for composing a brief composition for Developer's multimedia work. Shortly after Composer started work on the piece for Developer - before Developer paid Composer any money - Composer got an offer from a movie studio to compose all the music for a movie and abandoned Developer's project. Developer had to pay another composer $6000 to do the work that Composer had contracted to do. Developer can sue Composer and obtain a judgment against Composer for $2000 (the amount that will result in Developer's obtaining the music for a net cost of $4000, the contract price).
 

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Carpe Diem
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20,717 Posts
Dear,

I had a project which was the interior painting job, and I subcontracted to one of my crews. When they finished the project, they received only portion of whole amounts because a customer unsatisfied with their works. Now, that customer will hire another contractor to redo his project, and want us to pay him back same amount as he paid to us. What should I do? Please help me here.
Huh? :blink:

You subcontracted to your own crew?
When they finished, the customer paid them?

Who was the contract between?
You and the customer?
The subs and the customer?
You and the subs?

If you are the CG, you should have a written contract with the customer AND the subs, no?

In that case, the customer is not happy so you don't get paid. In turn, you don't pay the subs.

Am I missing something else?
 

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General Contractor
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3,444 Posts
Can anyone explain to me how anyone even half-aware and one third-awake gets into some of these messes?
 

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Registered
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can't type english, I am sure can't speak english. I would hazard a guess to someone working a little on the wrong side of the law.
 

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Having GC'd a few large subdivisions where we did all the customer service I can say we stepped in more than a few times to correct problems between customers & subs. We would give the sub the first opportunity t correct the problem than I would send a crew to take care of the problem & backcharge the sub, of course the subs contract was with us not the HO. I always believe it's easier to resolve a problem with the HO even if it means taking a loss, our company's word & reputation is priceless!
 
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