I would have long since come to terms with either one of them. The OP seems reasonable, but he seems motived to put crap in the game too. (like he's running out of money) I know that's too obvious! but it is suspect. That is.. you know what I mean
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I'm not sure if he's running out of money, or he just doesn't want to spend it.
The earlier thread, about the drywall, would have helped a reasonable person see the error of their ways. A reasonable person would have listened to all of the voices of experience that a strong contract is your best protection.
I would hazard a guess that not having a (well) written contract would set up the situation in the first place (ie, encourage one party or the other to overstep nominal ethics).
It doesn't have to be an intentional thing. If there is any wiggle room, there will always be one that wants to pay less having a different opinion than the guy that wants to earn more.
Assumptions kill. There should be a Mothers Against Dumb Assumptions ad campaign.
cut him the check for the $60,000 and explain to him that you don't feel you owe him the other 13k. see if he'd be willing to go away for 5k if he refuses then let him take you to court.
I agree with most you do need to let your lawyer handle your communication with this character. It's not your fault that HE underestimated and the contract is the contract and unless it's open ended and he left himself a way to increase his bid then he's stuck by it. If though he continues to threaten to sue you then just threaten to COUNTERSUE afterwards for your complete legal cost to fight that suit as well as possible punitive damages for stress and duress caused to you. You have already agreed to an extra amount due to changes you added but not to his carelessness in underestimating. He is the expert at building (assumed) not you and therefore it's up to him to know how to bid the job. Once bid, unless he added a provision for price changes in materials and additional time and labor caused by your changes then it is him that should incur the extra cost.
It would also be reasonable to expect him to provide you with accounting of his materials cost from all sources and compare to his initial bid. He can file a lien against the house but I doubt it would hold given you have the written contract. Be sure that all communication with him is via certified letter, return receipt requested. Be sure that on your check/payment you document and state full and final payment ACCORDING TO AGREEMENT or CONTRACT for Home at (address). If he cashes the check he's essentially agreed to the statement on the check. If he doesn't cash the check, threatens to sue then pay your check to an account you set up specifically for the charges to the house but do not give him the money. If he sues you he will have to absorb all cost out of his pocket until it's all settled in court.
I have not read all the responses here as there are so many, so my comments may be redundant.
I'm also suprised there is no written contract!!!
He can probably put a lien on your house:
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sure to verify on your own state website that the laws they cite here are up to date.
Yes he can sue you. With an oral contract his proof of what was agreed upon is no better or worse than YOURS.
A fair judge who saw thru this common BS ploy to get more money at the end after deliberately or stupidly underbidding a job would tell the builder he was out of luck. But you may not get a fair judge, and you may get a judge that thinks anyone who doesn't get a written contract on a HOUSE deserves to be taught a lesson. The judge might think it's you who needs the lesson. Or the judge might split the difference. Who knows. I think you'll have a hard time finding a lawyer for such a relatively small amount of money (in lawyers' eyes). But builders know these games and play them well. Good luck and next time do not hire any contractors without a good contract and a lawyer on your side.
snipped-for-privacy@yahoo.com wrote in news:1182644957.993765.51930 @o61g2000hsh.googlegroups.com:
Holy crap!!! For that much $$$, you had no written contract?
Geez, I made someone sign a contract just to design a very minor website - and doncha know, they backed out to go with "El Slicko Inc."and tried to stiff me for all the work I'd done upto that point - but I had insisted that a contract be signed before I did *anything*, so at least I got my 300 bucks. People will try to shyster you for miniscule amounts, so it is a certainty that they'll try to shyster you for significant bucks, because people suck.
Get everything in writing. Everything. Always. A true professional will expect to do that, and will want to do it, because it protects *both* parties. I would never trust anyone who would not expect, welcome, and even demand that a writtencontract be drawn up. Things can get screwed up enough whan it *is* all in writing. Forget this nonsense about verbal "contracts".
Heck, I only get my lawn mowed with no contract because they don't get paid until *after* they do the job...
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