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I'm new...need advise

34K views 318 replies 37 participants last post by  Calidecks  
#1 ·
Hi, I was looking for solutions for my situation and found this site. Maybe someone can offer their experience or advise.

I'm a designer/contractor and specialize in kitchens and baths. I've been in business 6 years and all my business comes by referral. One of my favorite clients gave my name to a co-worker and they contracted me for a simple kitchen face-lift: paint cabinets white, new backsplash, convert 220 electrical to 110 for new range...etc. simple stuff.

Anyway, I am finished except for a little touch-up on the cabinets which are oak and some of the radius spots are showing a little grainy. Maybe 4 spots total. The island was painted a dark gray in oil and there are a couple spots that got smudged before it was dry so it needs that fixed as well.

When I took the job they said they would provide paint and tile so I did not include in my bid but offered to purchase it at my cost and they would reimburse me. I got tile and paint at my cost and gave the receipts to customer. The job went so quickly I didn't collect the second draw at 50% completion. I just requested the second draw and the reimbursement for tile and paint w only some touch up left before the holiday. The lady refused and said she is not happy w paint job. She was very happy when we were finished and I assured her we would come back and fix all the imperfections after thanksgiving. In the meantime she had another painter come in and told me we needed to"part ways". I told her she still had to pay me. She is refusing. The first payment covered the tile and paint and a little more. The kitchen looks great but she admittedly has OCD and she sees things that aren't there!

What can I do?!? All my past clients have been wonderful and 100% satisfied. Many have become friends. I guess I became too trusting and I'm now getting screwed out of $3000!

My husband says she is just trying to get a free kitchen remodel. I'm shocked. Any advise would be appreciated..
 
#108 · (Edited)
all Im saying is
your remembered not by the 1000 houses you brick great, but by that one that came out bad.
And excuse me but, because someone is a member of this forum, doesn't mean they are right.

I was not asked for references when I joined
 
#110 ·
brunothedog said:
I am only hearing her side of the story for 1, Pictures help 2. 3. i never met anyone who said they did a bad job when not paid. 3.
She sent pictures, nothing about those pics told me she did a bad job. They want oak to not flash the grain after paint. Its like trying to pick up a turd by the clean end.
 
#111 ·
I'm just saying that their are 2 sides to every story, and in those picts you really cant see much.
I get alot of work from a Engineer who asks me to tag along when their are claims like this.

Last year I saw 14 jobs where the HO claimed fault. 12 of them had every right not only to pay them, but to ask for damages
And every single one of the builders said they have done a great job.
Not a single one accepted the faults.

so, said this the odds are against the builder
 
#112 ·
brunothedog said:
I'm just saying that their are 2 sides to every story, and in those picts you really cant see much.
I get alot of work from a Engineer who asks me to tag along when their are claims like this.

Last year I saw 14 jobs where the HO claimed fault. 12 of them had every right not only to pay them, but to ask for damages
And every single one of the builders said they have done a great job.
Not a single one accepted the faults.

so, said this the odds are against the builder
Bruno. Wouldn't you agree that perfection is impossible? And if a customer is a a hole they can find any reason to hold your money hostage ? My work , your work , or any one on this web site . no one can achieve perfection with zero flaws .As minor as they may be. It's just something we all shoot for. To build it like it was our own. And from the pics I have seen it looks like a paint job any of us would be proud of. You seem pretty insensitive to getting screwed by a a hole home owner. Wait till it happens to you and they bring in a guy like you to agree job is not up to par
 
#113 ·
Dont get me wrong, here, to make a claim against a builder, you first need to get an adjuster(which has to be an Engineer)
The HO calls him, and he calls me to get as to not get his hands dirty.

I explained how many I've seen, And we are not there to nit pic someone elses work.

We are there as professionals to give a professional opinion as the the HO claims, Then our results are sent to Both parties involved, and will be used in court if required.

Usually he has me stop by first to see if his services are required,
 
#114 ·
brunothedog said:
Dont get me wrong, here, to make a claim against a builder, you first need to get an adjuster(which has to be an Engineer) The HO calls him, and he calls me to get as to not get his hands dirty. I explained how many I've seen, And we are not there to nit pic someone elses work. We are there as professionals to give a professional opinion as the the HO claims, Then our results are sent to Both parties involved, and will be used in court if required. Usually he has me stop by first to see if his services are required,
Who pays the adjuster? The HO?
 
#115 ·
yes, most of the time, a couple of times when the builder thinks he right, they will do 50/50.
a few times the builder will call to have an adjuster look at the work because the HO isnt paying and using the quality of the work as a reason.
 
#116 ·
brunothedog said:
yes, most of the time, a couple of times when the builder thinks he right, they will do 50/50. a few times the builder will call to have an adjuster look at the work because the HO isnt paying and using the quality of the work as a reason.
My point is that the adjuster is going to cater to the one who pays them. Don't you think it creates a bias?
 
#118 ·
Hi Bruno, I can appreciate the Devils advocate side and I am not faulting you for your position but let's keep a few things in mind:

1. My contract was x amount deposit, draw at 50% completion of job, and final payment upon completion. Also they were to reimburse for tile and paint upon receipt delivery. I am not asking for final payment!!!!! I am asking for 2nd draw and reimbursement for receipts. They can hold final payment until I do their punch list.

2. This is a paint job and tile backsplash not a remodel.

3. This is a pickiness issue not a hack job.

4. I was nice and happy to go above and beyond to satisfy the customer, but they refused 2nd draw and reimbursement. They fired me so as not to pay.
 
#120 ·
Another update: I texted husband letting him know I had not yet received his punch list. He called me and said he was having his Mothers contractor come in tomorrow to give an unbiased opinion of what he thought needed to be on the punch list and to get educated from someone who has been in the business 60 years. ( how old would this guy be?) This company is very well known here nevertheless. I told him that was a good idea and I was fine with that. I did ask him if he got a bid from him (since he got such glowing reviews from this guys mother). He said no he didn't. I'm sure his price would have been double mine and deservingly so. He has a long standing well-known reputation. Any thoughts on this?
 
#122 ·
If the company is well established and doing well they don't need this little bit of work, they will give an honest opinion as a favour to a past client. Like T-town girl bringing the contractor with her the last time.

Regardless of any punchlist they need to re-imburse you for materials at the absolute least. I wouldn't step foot back there with any tools without the material payment, preferably everything but the final
 
#125 ·
I used to work for a guy that didn't charge a deposit for materials or labor up front, and he was forever complaining about clients that hadn't payed up, and that it was all on his credit card. He was afraid of losing business by asking for $$ up front.

We built a deck and halfway through, the client decided she wanted it to be 50% larger. To all of us that means at least 50% more materials and at least 50% more labor.

After the larger sized deck was built, she refused to pay above the original amount. Not sure if he ever collected on that third of a deck he bought for her.

When I was running smaller projects, I would place an order at whatever store the client preferred, and then I would have them call in with a card to purchase the order. They were happy to not be paying a markup.

I built a stone retaining wall and an irrigated cedar planter box for the same lady. I only worked T&M, and never had any issues with her or getting payed.
T&M is still my favorite way to bill... Its fair, and surprise sub-surface existing problems remain the clients problem and not mine.
 
#126 ·
Yes T&M is an easy and safe way to charge but most people won't go for it. They want a bid. It's too much of an unknown, especially if its a big job. I do have clients pay for materials such as tile, flooring, plumbing trims, etc. on their own or w credit card over the phone and it works well. All my clients want a bid.
 
#130 ·
It depends on the situation. Sometimes customers have been shopping way before they call me. They may have already picked out their tile, wood floors, etc. In this case the customers had picked out the tile at a wholesale/retail tile store and said they were going to buy it. They wanted me to install. I bid on the install only. Then after they spoke to said tile store, they were informed by the tile store that they could give a trade discount if a trades person purchased it. I told them I would do that. I didn't purchase through the store though, I just called Prosource and bought thru them. Prosource puts an automatic markup for the customer and gives me 10%. Anyway, it was a good faith favor I threw in on the job and now I have not been reimbursed fo this favor.

Much of the time I bring samples to my customers house and we work together making choices. I can then include materials w a markup as well as time spent.
 
#135 ·
Yes . It really is. The guy is well versed in contract law and makes a game of it. On the very first time I met him I was working for a friend of my dads helping him build a redwood deck. You know how expensive that was. He was bragging to my boss about how he got away without paying the guy that did the carport.

Yes spreading the word is the best thing to do with people like that. Some still wont listen though.
 
#136 ·
This thread reminded me of a story I heard a long time ago about a mason who built a chimney, people warned him that the customer had a reputation for not paying. He said "well he'll pay me. " When he built the chimney, part way up he put in a clear pane of glass. He finished the job and sure enough the guy wouldn't pay up, so he left... later when the weather got cold and the guy tried to build a fire...smoked him out!
So he calls up the mason and says "hey, my chimney doesn't work, not at all! " The mason says "when I get my money it will work, I promise. "
Guy pays, mason climbs up and drops a brick down the chimney to break the glass, and everything is settled.
Anyway this was years ago, before the days of suing like it is today, probably wouldn't work nowadays.
 
#137 ·
This thread reminded me of a story I heard a long time ago about a mason who built a chimney, people warned him that the customer had a reputation for not paying. He said "well he'll pay me. " When he built the chimney, part way up he put in a clear pane of glass. He finished the job and sure enough the guy wouldn't pay up, so he left... later when the weather got cold and the guy tried to build a fire...smoked him out!
So he calls up the mason and says "hey, my chimney doesn't work, not at all! " The mason says "when I get my money it will work, I promise. "
Guy pays, mason climbs up and drops a brick down the chimney to break the glass, and everything is settled.
Anyway this was years ago, before the days of suing like it is today, probably wouldn't work nowadays.
Sure it would. Glass still blocks smoke these days! :laughing:
 
#139 ·
Yeah, most of the ones you want to fire before they hire you are all too willing to tell on themselves if you'll just listen to them. If all they can say is how expensive everyone else is, pack up right there and move on. You don't even need to give them an estimate. If all they have to say about any contractor is how bad they were, they won't have anything nice to say about you either. If they had to go to court with someone else, they might be inclined to do the same with you. Most people love to tell you their business and don't know when to shut up. Thankfully.