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Discussion Starter · #1 · (Edited)
I'm new to this forum but here goes

A regular customer calls and tells me her mother wants to buy a condo and wants me to do the work, Would I go look at it. Sure!!

I looked at the condo, I also do home inspections, so I did a brief inspection as she wanted to know what it would take to rehab.

Visited site 2 more times with sub-contractors, last time I finally got a specifications of work. Prepared a bid. Scheduled work for July 27th as per her closing date. Closing did not happen and lost 2 weeks of work as I rearranged schedule for this job.

Met with customer 4th time to finalize project and was told closing will be middle of August. On August 15th, received e-mail and phone message that Closing will be August 17th, And customer asked How my schedule looked, We scheduled start date for Aug 24th. On Aug 23rd, Sunday, I get a call that customer is going to use a family friend and she was sorry. Sorry doesn't pay the bills, Again a rearranged my schedule to accommodate her project.

I have over 24 hours of my time ie site visits, inspecting property, drawing floor plans and coordinating subs. Can I recoup any money for lost wages, and time spent preparing estimates, drawings etc?

Thanks
 

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Thom
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No, you can recoup nothing, assuming there was no signed agreement.

You were foolish to schedule without a signed agreement and a deposit. I guess that won't happen again.
 

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Discussion Starter · #5 ·
I was to have it signed today. Up to this point it was verbally agreed to as well as in a e-mail. Here is the last e-mail I received with an update of the closing:

HI CHUCK - LATEST WORD TODAY IS THAT THE SALE WILL BE FINALIZED BY NEXT TUESDAY..........

WILL LET YOU KNOW THE MINUTE I DO..........LET'S HOPE!

GLORIA


The thing that bugs me is she closed on Aug 20th, and waits until Sunday Aug 23rd, the day before my start date to tell me she is cancelling. I have other work but it is hard to reschedule Sunday evening
 

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Discussion Starter · #8 ·
No, you can recoup nothing, assuming there was no signed agreement.

You were foolish to schedule without a signed agreement and a deposit. I guess that won't happen again.
Foolish yes, but I tend to trust my regular customers. This came out of left field
 

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Thom
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Foolish yes, but I tend to trust my regular customers. This came out of left field
You missed the point. Standard business practices dictate a signed contract and a deposit prior to scheduling. It really doesn't matter who the customer is, that's just a standard business practice.

Detailed contracts with very specific materials and payment schedules are even more important when dealing with friends. Both parties must have a very clear and detailed understanding of the project or there will be trouble. In this case, you allowed your past relationship to cloud your judgment and you were hurt as a result.
 

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Discussion Starter · #11 ·
You missed the point. Standard business practices dictate a signed contract and a deposit prior to scheduling. It really doesn't matter who the customer is, that's just a standard business practice.

Detailed contracts with very specific materials and payment schedules are even more important when dealing with friends. Both parties must have a very clear and detailed understanding of the project or there will be trouble. In this case, you allowed your past relationship to cloud your judgment and you were hurt as a result.
Absolutely, thanks
 

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Administrator
Maker of Fine Sawdust
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That email letter could be construed as a contract of sorts. She sent it to you. You might want to send a bill for a small amount of your time and see what happens.
 

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DavidC
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oh, forgot this...




What???
What he's trying to say is....

You did not post an intro in the introduction forum. And You did not fill out your profile in your CP section.

Two very polite steps to take so we get a feel for who's asking.

Check out the intro section. Also click on the User CP in the upper left tool bar to fill out your profile.

Good Luck
Dave
 

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Super Moderator
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What would have happened if the sale didn't close? I have never heard of anyone having a contract for a house that someone doesn't even own yet. I agree though about billing for your time at least. Seems this was on the "honor" system. Also get your prints back! If you drew em, you own em!
 

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Discussion Starter · #18 ·
What he's trying to say is....

You did not post an intro in the introduction forum. And You did not fill out your profile in your CP section.

Two very polite steps to take so we get a feel for who's asking.

Check out the intro section. Also click on the User CP in the upper left tool bar to fill out your profile.

Good Luck
Dave
Sorry about that I will do that, thanks
 

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Discussion Starter · #19 ·
What would have happened if the sale didn't close? I have never heard of anyone having a contract for a house that someone doesn't even own yet. I agree though about billing for your time at least. Seems this was on the "honor" system. Also get your prints back! If you drew em, you own em!
Right, I could not have a contract until it closed but she wanted me to start ASAP as she did not want to waste money paying her association fees i f I could not start right away
 

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Contractor
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I'm guessing the 'family friend' has already used the prints to start the remodel :sad:

I'm not a lawyer, but see no reason why you couldn't have a contract even before the closing-language could have been drawn up to address the closing falling through-in which it would have been advantageous to include a design or consultation fee at that point (which should have been built into the project if it did go through).

the subs that you lined up-did you have a contract/proposal with them?
 
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