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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..
 
#149 ·
That tells me he didn't hear what he wanted to hear and is avoiding you. IF that is the case then WILL he be honest about it. Most mediation usually involves all parties. That way all know up front what is expected out of each party when it is over.

Is there a type of formal mediation process for builders in OK? We used to have one here in Texas
 
#156 ·
Be proactive on your side and show he did not follow-up.

"Mr. Goofball, since we haven't heard from you, I was following up to find out the results of your meeting with XYZ Company regarding your perceived issues with the paint.

As you'll recall, during our last conversation, you had requested to have XYZ Company come in for their perspective on the work done, and we agreed in our willingness to make you happy. From that conversation, it was our understanding that the meeting was held on Wednesday afternoon, December 11, 2013 at 1:30pm and that you would give us a follow-up call with the results of the meeting so we can move forward.

Please call us at 333-333-3333 so we can discuss the next step. We look forward to hearing from you."

Sincerely,

T-towngirl


Document everything... Check your cities lien laws regarding time limits... you don't want them running out the clock on you...

Best of luck... 8^)
 
#158 ·
KAP said:
Be proactive on your side and show he did not follow-up. "Mr. Goofball, since we haven't heard from you, I was following up to find out the results of your meeting with XYZ Company regarding your perceived issues with the paint. As you'll recall, during our last conversation, you had requested to have XYZ Company come in for their perspective on the work done, and we agreed in our willingness to make you happy. From that conversation, it was our understanding that the meeting was held on Wednesday afternoon, December 11, 2013 at 1:30pm and that you would give us a follow-up call with the results of the meeting so we can move forward. Please call us at 333-333-3333 so we can discuss the next step. We look forward to hearing from you." Sincerely, T-towngirl Document everything... Check your cities lien laws regarding time limits... you don't want them running out the clock on you... Best of luck... 8^)
This is a good letter to use almost word for word.
 
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#160 ·
T-towngirl said:
I had a conversation discussing every concern. I was on the phone w him for 45 min. I told him I needed the 50% draw before I could proceed. I also reiterated that this was my position all along. ( If you will notice i am finished except for these "concerns") He was refusing to pay and kept telling me why. Rather than tell him to kiss my $&@, I asked him to make a list and email it to me. How is this a mixed message. I do not WANT to work for them anymore but if he pays me I will do my best to address these concerns. How is this a mixed message to him?
If you won't finish the work because he hasn't paid then why are you asking him to send you a list? You won't do the list anyway if he's not paying you. When you say you won't do the work because you haven't received your 50% draw yet, that's not making a lot of sense either. If you had progress payments scheduled in your contract, the correct way to do it is schedule a walk through with the homeowner when you've reached that phase, if they are happy with the work up to that point then you collect the payment and continue the rest of the job. If there's something wrong then you fix it, and then collect the payment. If there's a draw you haven't received then why are you finished with the job? Why didn't you wait for your draw before you continued work?

It sounds like it would be hard to work this out over the forums. Why don't you show your contract to your attorney and figure out your options?
 
#163 ·
$@&@$& $&@&/$!!!!!!! Whew!!! My husband and son were getting so mad I thought they were going to grab the phone, jump thru it and kick his.... Anyway, he offered me $500.00 to go away so he could have the other contractor fix his issues. The "A" team contractor said that he would have taken all drawers and doors to a paint shop and hand painted the faces. I explained that I did not bid that, they did not ask for that, and that I offered to take doors in question off-site and work on them. He's all excited that the elite is willing to do this. I told him I was not willing to except $500.00. I need a breath and a beer.
 
#166 ·
Heres the deal they were happy until I asked for second draw. It was my bad to wait til we were almost done, I was too trusting. They were acting so nice, I didn't worry about it. Plus we did this in a week, it went fast. I will no better next time but I don't get why I would go in the hole even more than I am when there is a risk they won't ever be satisfied.
 
#177 ·
Yes I said I was proposing the same thing but he said he didn't believe I could do it " up to level". It's rare there is a job where after all plastic, tape is pulled you don't have any Touchup. That was the stage I was at. We cleaned, pulled plastic etc and I told her after thanksgiving we would come back and fix any issues. I asked for draw and reimbursement. She said no and then fired me Friday after thanksgiving.
 
#186 ·
griz said:
When the intent is to nit pick to death all manner of little insignificant details can be found. These folks are pros.
It all makes since especially when you say how nice they were and gave you a sense of comfort, definitely pros they've done this before.
 
#191 ·
I am definitely taking him to court. And thanks to God I have plenty of work right now and thru Christmas. Last year I had none in Dec. which is ok when you haven't just taken an out of pocket loss. I'm small and I like it that way. But it makes it hard to afford handing over money to virtual strangers so they can have $20 per sf tile. I am going to present my case and hope for the best. If I lose the money, I will be fine and like all you guys have said, it was a great education for me. Thanks to all of you who have contributed to this thread and offered great advice and support. This forum has kept me sane thru all this. And this beer is making things much better too. :)