Contractor Talk - Professional Construction and Remodeling Forum banner

1 - 20 of 51 Posts

·
Registered
Joined
·
9 Posts
Discussion Starter #1
I am home improvement contractor in New Orleans that sub's out all of my work. Currently towards the end of a 203k renovation. I gave my initial bid (no details just walked around and overpriced everything) In big need of some monies right now. Customer accepted after three revisions but all I did was move numbers around, same value. The consultant made the official project plan, all parties signed off (bank, customer, consultant, and myself) accepted and project began. Come time just before 1st draw and convinced consultant and customer that I had never seen the final project plan. Talked customer into doing all extra work bank added to my bid. I signed the final project plan but never read it, just thought we was using my bid. Customer just saw copy of plan w my signature on it and now wants me to do ALL the other stuff before they will release final draw.
Can I put a lein on the house? Am I actually required to do everything else on the contract agreement? I know I signed it but I dont feel I'm responsible for all the extra work BC I never knew about it.
Please any advice is much appreciated
 

·
Registered
Custom
Joined
·
12,894 Posts
Wow... ouch... :eek:

That's a pretty significant self-inflicted wound you are now contractually obligated to absorb after having been given a second chance after your lapse in oversight... a lien isn't going to help in a case of non-performance and will cost you even more to find that out...

Probably your only real chance is coming completely clean, and explaining that there is no possible way for you to continue financially based on the way it is laid out, as you don't have the funds to support it... and hope they give you a third chance... either that, or ask them to release you from the remaining project as you won't be able to perform and it will save everyone time and headaches going forward...
 

·
Registered
Joined
·
9 Posts
Discussion Starter #4
Well they don't seem too happy with me considering I talked the homeowner Into doing all the extra stuff out of pocket...if they release me do I get to keep my money or will I have to pay them? I can't necessarily admit I dont have the funds to support it, because then I am breaching the most basic job roll I serve. Calling sub's and paying them up front.
It seems the bank and the customer now only contacts me via email and they keep asking when I plan on finishing the project. I just refuse to do all the extra stuff. My bid was 50k so thats what I'm owed. Its not my fault they added all this extra stuff.
 

·
Registered
Joined
·
9 Posts
Discussion Starter #5
I am kind of new to 203k renovations so thats why im so confused. What will happen if I take them to arbitration for not paying?
 

·
Registered
Custom
Joined
·
12,894 Posts
Well they don't seem too happy with me considering I talked the homeowner Into doing all the extra stuff out of pocket...if they release me do I get to keep my money or will I have to pay them? I can't necessarily admit I dont have the funds to support it, because then I am breaching the most basic job roll I serve. Calling sub's and paying them up front.
It seems the bank and the customer now only contacts me via email and they keep asking when I plan on finishing the project. I just refuse to do all the extra stuff. My bid was 50k so thats what I'm owed. Its not my fault they added all this extra stuff.
So was the extra stuff you convinced the HO to do a separate contract with the HO and if so, didn't you put in a schedule for payment in it?

Where are you at in the project both in payments received, work performed and subs compensated? This seems all over the place so hard to gauge how to assist you...
 

·
Easyfier of Complexitries
Joined
·
558 Posts
I signed the final project plan but never read it,

Please any advice is much appreciated

Advice: Read before you sign. This is CONTRACT ing 101.

Advice: There is no painless way out of this mess. It will cost you in some way. Try to make it right, to the best of your ability. Come clean, you are at their mercy. They may not be merciful.

Advice: On the other side of this mess, go work for someone else for a while.
 

·
Kowboy
Joined
·
2,060 Posts
JoeC89:

You can't change the contract you signed, but you can change your perspective. You've got an a$$-whuppin' comin'. I suggest you step up, take it like a man, view it as tuition, and move on.

I've been doing this 30 years and still pay some tuition now and again.
 

·
Registered
Joined
·
9 Posts
Discussion Starter #12
We are nearing the end of project with items from my bid but the official project plan has a lot of other items that still need to be done. All sub's have been payed.
Yes I do remember signing the lein waiver so thats out of the question.
Looks like I'll have to eat the $#it sandwich I have made and hope its somewhat palatable.
If they choose to sue me, I'm literally done for. Will be living under a rock.
 

·
Registered
Joined
·
9 Posts
Discussion Starter #14
50k total renovation cost, 12k in items that I agreed to in contract agreement but were not on my bid. Truthfully I told consultant and customer I had never seen final project plan before. All was fine until customer spoke w bank and got a copy of final project plan w my signature on it. Now they want me to do the rest. Can the customer even sue me for this?
 

·
Super Moderator
Joined
·
24,170 Posts
50k total renovation cost, 12k in items that I agreed to in contract agreement but were not on my bid. Truthfully I told consultant and customer I had never seen final project plan before. All was fine until customer spoke w bank and got a copy of final project plan w my signature on it. Now they want me to do the rest. Can the customer even sue me for this?
Yes, you can be sued and will likely lose. Then you will owe court costs, your attorney and theirs.

Why on earth did you sign anything without knowing the consequences??

For 12 grand with the circumstances as described, you would be better off sucking it up and finishing the job with your cash than trying to get out of it.

Two attorneys that between them will be 400-500 bucks an hour....

Chit they'll burn thru 12 grand deciding where to have lunch and which course to play on....
 

·
Super Moderator
Joined
·
24,170 Posts
So your only job is to contract and you screwed that up? If you were busy schmacking things with a hammer it'd be one thing but c'mon man, find another profession. You might make a good Realtor. Try that.
Depleting inventories of previously owned vehicles may be a good option also....:whistling:laughing:
 
1 - 20 of 51 Posts
Top