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how to respectfully back out of a estimate given

14K views 43 replies 24 participants last post by  FreedomBuilders  
#1 ·
Have a real bad feeling about this bid. New customer has been so undecided from the get go,changing and doesn't want to listen. Had reservations about giving the estimate in the first place. However, against my better judgment I gave the estimate,customer wants to start, however, I feel I won't get paid the job. Want to back out, having the contractor "gut" feeling about this one...they call every hour with questions ..very high maintenance...any suggestions? Thanks !
 
#3 ·
the problem is a contract has been typed, verbally approved via phone by customer, signed by us...however, not delivered to the customer as of yet. This is the position as of right now...really don't (from the get go) want to drop off the contract,whereas then we would be opening up another can of worms.
 
#21 ·
Not sure about the situation in your particular state, but in most states you do technically have a contract: you made an offer, it was accepted, there was a "meeting of the minds" and consideration (an agreement about compensation). It makes no difference that it hasn't been signed by the client.

Having said that, I think the Thom had the best advice: honesty.
 
#4 ·
geri said:
the problem is a contract has been typed, verbally approved via phone by customer, signed by us...however, not delivered to the customer as of yet. This is the position as of right now...really don't (from the get go) want to drop off the contract,whereas then we would be opening up another can of worms.
If its not signed by the owner and a deposit check cashed I'm pretty sure your clear to back out
 
#5 ·
Write up a contract to your advantage, break payment schedule to stay ahead, construct clause to cover yourself and you will be fine...

If you don't want to walk away, just say I'm sorry but I cannot help you with your remodeling project at this time and you don't have to give any excuses.
If you want to give them a BS excuse, add: because of previously scheduled work for a big job and you finally got OK to move forward.
 
#7 ·
yes, you are correct..no deposit check as of yet. We were to get the contract signed and get a deposit. However, with the feeling that the deal is going to go south. Short of saying we are booked,etc... how do I get out of this job without the fact of them wanting another schedule date...I want out completely without a confrontation. To basically be totally done and to move on...
 
#10 · (Edited)
BE HONEST.

Forget the lying crap, too busy etc. Just be truthful.

"You need to find another contractor, I'm not comfortable working with you"

I've said that several times. People need to hear the truth. You don't need to blame them, let them blame you if they wish, but be honest.

Maybe they are anxious to get going with you because they've burned every other bridge they have.
 
#14 ·
Just write them a letter stating you respectfully withdraw your bid.. Email it.. No biggie.. Just tell them you dont think you satisfy their requests and that they should seek someone else..

Unless money has exchanged hands and contracts signed.. Yu are clear..

Hell... That don't even matter if you issue them their funds back along with your withdrawal.

I think you are over thinking it
 
#19 ·
I have had that feeling and worried about getting screwed a couple times so i set up the payments to my advantage
But the gut feeling was right on the money the people turned out to be a royal pain in the arse
They asked me for another quote a couple months back and i gave him a range as opposed to a fixed price because they are such a pain to work with , that way if they bothered me to much $$ cha ching aggravation pay :laughing: He emailed me back stating " I want to be on the lower end of your estimate because i have more work for you in the future that i know will be more expensive " :laughing:
Hey i think i have heard that somewhere before :rolleyes:

Bottom Line Always Trust your Instinct :thumbsup:
 
#22 ·
In one of past posts I discussed having to exercise my option as a contractor to, for lack of better phrase, "fire my customer". I needed the work but could not escape the gut feeling that this was not ever going to end well. It took discipline and I honestly feel a better contractor for it.

Be honest and also forthright in explaining your reservations, you may lose the job but in turn perhaps make the customer a better one for the next guy.
 
#23 ·
Thanks to you all...I went with my gut & the honesty card & do feel alot better for it. I do feel the "carrot" was being played. The two times that I was there (before I went with a contract for the main job) after he would finally give me a check for a smaller type job..(which he still wanted to bargain down,after being told the price)...on the way out the door he would ask me to do this...do that ...before I leave..just one more thing..while you're here..Ugh...
Now he has his real estate agent that he bought the house from calling pleading to reconsider & do the job ! Ugh...
Like some of you have mentioned...he has burned a bridge along the way and no one wants to work with him....so as it was mentioned....we are firing our customer..just hope it ends here and the calls stop already. So we all can move on... :smile:
 
#31 ·
Thom, it's my understanding that only contracts to purchase, sell, or exchange real estate are "real estate contracts". That may or may not apply to a home builder, depending on how the agreement is structured.

As a specialty contractor, in our case painting/finishing, it's my understanding that our contracts are not considered real estate contracts and may be verbal. That issue has come up several times for us.

I'm mainly glad that the original poster seems to have sorted it out.

I raised the point about the verbal contract issue because there seems to be a lot of confusion about what is necessary for a contract to be legal. There are fewer things than most people realize, and I don't like to see good contractors get in financial trouble because of some misconceptions.
 
#36 · (Edited)
Rob

We both agree that it's pretty unlikely that it would be enforced by a court. OTOH, stranger things have happened. Unlike you, I wouldn't bet my eldest son on it. My daughter, on the other hand....:jester:

A situation could arise where the client insists that the OP perform the services detailed in the contract. That's the dispute. One of the prime facts that might ordinarily be disputed would be the acceptance. The OP has admitted that the client accepted.

From the later post by the OP "contract has been typed, verbally approved via phone by customer".

Sorry for the confusion. Our contracts, both written and verbal, were with some of the parties involved. Strictly speaking, I'm not sure that makes us "third parties" or not, but we got dragged in anyway.

Sorry for not being able to include all of your text in my reply, your responses within my early post weren't showing up, so I thought I'd just start fresh.

ANYWAY, my whole point, as I mentioned a few posts ago, was to make sure other contractors are careful about what they say, lest it be construed as a verbal contract. In court, even winning can be awfully expensive.
 
#38 ·
The answer is easy I don't fill like I have a full agreement until I have a signed contract. Just tell him your not interested. January February March is easy to give regretful bids dont.MY Work is slow right know made a bid for 16000.00 they wont give me a third down. Ill watch it go and wont loose a bit of sleep over It.I'm a firm believer there more out there.Most people are complaining they cant get someone back to finish there job your worried about backing out before you start. Your to hard on your self.