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Discussion Starter · #1 ·
I just completed a siding job and the insoector failed us because he claims there wasnt enough caulk by the chimney, there was but to satisfy the prick we loaded up the chimney with caulk. The guy isnt coming back for another week for final inspection and the homeowner is holding my final payment. You guys have any kind of clause in your contract that prevents anyone from holding your final payment ?
 

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Doesn't sound like the job is complete because you haven't received a final inspection. Now I assume that this is an official building inspection, correct? If it is a non-official third party inspection such as the HO requiring a home inspector for look at your work, then that would be dependent on your agreement with the HO.

What was the scope of your work?
 

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Discussion Starter · #5 ·
We did caulk when the inspector was there but he said he had to go. We caulk the chimney behind the aluminum flashing so the sealant isnt visible and doesnt look sloppy. Never had an inspector bust balls like that. Then again, if the inspector was such a good contractor he wouldnt be working for the township and getting paid peanuts.
I know of a few companies ( roofing/ siding) that in their contracts it states;
" customer cannot withhold more than $50 while waiting until final inspection".
They are 2 large companies so i imagine its legal. Keep in mind they are roofing and siding companies so perhaps you cant do that with electrical or plumbing.
We do roofing, siding, windows so we are adding a clause as well.
 

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" customer cannot withhold more than $50 while waiting until final inspection".
They are 2 large companies so i imagine its legal. Keep in mind they are roofing and siding companies so perhaps you cant do that with electrical or plumbing
Legality has almost nothing to do with what is written in contracts. It is all about enforceability. If you hold money back from a contractor while waiting final inspection, and they lien you, they (the contractor ) could be sued for damages because of "abuse of process". Furthermore, if only $50 is held back, and the job fails, what lever is there to force the contractor to finish the deficiencies? Any contractor who goes to far out on the limb to claim monies owed before all legally required inspections is foolish.
 

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We did caulk when the inspector was there but he said he had to go. We caulk the chimney behind the aluminum flashing so the sealant isnt visible and doesnt look sloppy. Never had an inspector bust balls like that. Then again, if the inspector was such a good contractor he wouldnt be working for the township and getting paid peanuts.
I know of a few companies ( roofing/ siding) that in their contracts it states;
" customer cannot withhold more than $50 while waiting until final inspection".
They are 2 large companies so i imagine its legal. Keep in mind they are roofing and siding companies so perhaps you cant do that with electrical or plumbing.
We do roofing, siding, windows so we are adding a clause as well.
My cousin had that clause from a window/siding company for work on his house. I told him to scratch it from the contract, which he did and then tell the siding company no final payment until passing final inspection or go pound sand. They did the job & waited until the final was signed off.

$50, what a joke, why would anyone come back to fix anything.
 

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Discussion Starter · #8 ·
"$50, what a joke, why would anyone come back to fix anything.[/QUOTE]

My company would come back no matter what. Not only is that the right thing to do but any legit company would not want that kind of negative review to be seen on the net.
I once had an inspector fail us because there were cracks in the foundation and chimney. I told him we were not masons and uts not our responsibility, nor is it anywhere in the conctract. He refused to pass us until the homeowner called him and said he did " not want siders performing masonry work". The homeowner paid us in full before he approved it. Had the homeowner been a jerk off and looking to save a few bucks, he could of put on the " oh my god i'm scared" act and pretended this was a huge issue and not pay us while the inspector dragged the process on. These things do haplen and we have to protect ourselves. You always hear horror stories about unscrupulous contractors, what about all the unscrupulous homeowners always looking for an angle??? Who looks after the contractor?
 

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Metro M & L said:
Ops cash reserves might be a little low if he cant wait a week for a final draw. I always negotiate better deals when I have some chips in the bank anyway. Those who have get.
i have a homeowner right who knew he was going to beat me out of the final before we started. it was a siding job on a masonry home the bricks were stucco. he took me to a spot to show me how easy the bricks fell off. my mistake for not testing all sides. it was a nightmare. anyway he was away for a week and i (foolishly) did not do a walk around before i asked him for a punch list. he calls my Forman and start cursing him out. yhat we sabotaged the job. remember i still have yet to get a punchlist he even says f you to my guy. all my guy was saying was"i am sorry you feel that way bob" . in two days i get a letter from his lawyer telling us we are fired and if we go on his property to get our tools he will have us arrested well i went to my local police to get an escort so we could remove our trailer picks ladder and jacks he honestly felt he could keep our tools the job is 99% complete and the last draw is 3000 i can not wait to see him in court
 

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power said:
I just completed a siding job and the insoector failed us because he claims there wasnt enough caulk by the chimney, there was but to satisfy the prick we loaded up the chimney with caulk. The guy isnt coming back for another week for final inspection and the homeowner is holding my final payment. You guys have any kind of clause in your contract that prevents anyone from holding your final payment ?
1st off check with the law on final payment. If your firm pulled the building permit many authorities having jurisdiction have laws that final payment not be made to the contractor until the final inspection is completed and passed and the certificate of occupancy has been issued. They also state many times that a minimum percentage be held., mostly see 10%.

So, any contract that you right needs to follow the AHJ law.

People looking to not pay always look for poorly written contracts with no clause with refund costs to recover funds not paid.

If your contacts cover that they will also have to pay all your costs to recover funds not paid plus interest, as long as your state allows this, most scammers will not hire you. I would take a good look at your contracts with a contract lawyer for contractors.

Lastly if you are going to caulk behind plates and flashing where the inspector can not review and confirm it is in place, I would strongly recommend taking video or pictures during the install, printing them out and presenting them to the inspector for their file. Saying the inspector is a prick for not doing their job on something like this is just wrong on your part.

The inspector is paid to make sure the project is done to code and then sign off. If you have done something they can't confirm that is your fault not theirs.
 

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Anti-wingnut said:
Doesn't sound like the job is complete because you haven't received a final inspection. Now I assume that this is an official building inspection, correct? If it is a non-official third party inspection such as the HO requiring a home inspector for look at your work, then that would be dependent on your agreement with the HO. What was the scope of your work?
all that is moot because BEFORE I WAS COMPLETE he fires me off the job. before i even received a punch list . i wanted to finish the job. the siding was special order for color i was waiting for the extra 2 boxes to arrive. we were not complete therefore i never wanted the final. but i am owed significantly more then what the final is.
 
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