construction cost, agreement, and billing

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I'm curious: Did you suggest maybe quoting a finished price on the house?
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Yeah. Right. The homeowner is already picking him apart. Do you think ANY contractor could come in on time and on budget with someone niggling him every step of the way, as this HO is already doing?
Not in this universe.
Steve
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I wouldnt ever sign a contract that didnt have fixed costs for a finished project. Had fence installed. Quote was $1600. I wouldnt give him a cent more. Steve B wrote:

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On Thu, 14 Sep 2006 20:10:46 GMT, "JoeSpareBedroom"

No, we asked him to make a proposal. He had allowances for things that we thought was excessive, must have been assuming a very high price on everything.
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wrote:

That's quite a gamble. What if he screwed up his relationship with one of his suppliers of materials, and had to use another firm that charged him significantly more?
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Some supervisory cost seems reasonable. However, this should have been spelled out in the contract. The fact that it wasn't is, in large part, your contractors responsibility.
Assuming you're generally happy with this guy, I think it's time to sit down and agree a compromise that you both can live with for the remainder of the project.
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On Thu, 14 Sep 2006 20:23:15 GMT, snipped-for-privacy@malch.com (Malcolm Hoar) wrote:

Others have used him before and trust him. We are to meet next week.
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I guess you have never built a house, or you would be doing this yourself, right?
Let me tell you, just because he's not there doesn't mean he's not working for you. There are zillions of places to go, and people to call, and things to do. And it all makes sure that the people and materials show up at YOUR site. Does he have a cell phone? Can you always get hold of him? Isn't that "working"?
At the end of the job, add it all up, apply the math, and adjust.
If there's a difference, either negotiate or sue.
Don't nit pick as you go along. If he's doing good, leave him alone. You said the first stage is for the foundation. That is one of the most IMPORTANT steps. If that is off, what follows will all be off. If he nailed it, believe me, $800 is cheap.
What you want to do is get the job done. Choose which hill you want to die on. Right now is probably the worst time to go to war with him.
Like I said, wait till the end. And by "agreed", do you mean you both wrote it down and signed your names? Or you just said "okay"?
Sounds like the man is getting the job done.
Steve
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On Thu, 14 Sep 2006 13:27:59 -0700, "Steve B"

It is $800/week for five weeks, plus 12%, which is another $96, plus 12% of the materials and labor costs.

He prepared the papers and he signed them, we didn't. He said that we didn't need to sign.
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Jud McCranie wrote:

This is incredible. You have someone building you a house and he didn't have you sign a contract? That didn't set off all kinds of warning bells as to his competency. And you're letting this guy manage sub contractors? I'd get out of this immediately.
The only good news here may be that you didn't sign anything, so it may be easy to get rid of him. One thing for sure, I'd consult an attorney immediately. And when you get the replacement, make sure you have a contract and it's reviewed by your lawyer before you sign it.
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"Jud McCranie"wrote in message

Then, you have no contract.
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Rueben Konic wrote:

Not true. From what he's described it sure sounds like they have a verbal contract.
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A verbal contract is usually worth the paper its printed on. The poster can produce countless witnesses who contradict everything the contractor says. I'd work out the details then have a contract signed by both. Remember in an unfair contract the judgement goes against whoever prepared it
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Sure, verbal, implied, or whatever you want to name it. Try making it stick to throughout the entire process, not just the work in progress, or paid for, or not paid for.
I wouldn't want to be involved in any way or form, would you?
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Rueben Konic wrote:

No, I agree, I wouldn't want to be involved in any way with this deal. Soon as I heard this general contractor was building a house for this guy without a signed contract, that was all I needed to hear. I
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In my state, there is no such thing as a verbal contract when it comes to licensed contractors. Especially general contractors, which this guy would have to be to build an entire structure.
Steve
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wrote:

Say what?
You have NO contract. A contract has two steps. Offer and acceptance. By not signing, you have no contract. By him telling you that you didn't need to sign them, he released being able to claim oral contract, which may or may not be recognized in your state when it comes to major construction.
You must now decide whether to keep this guy or give him the boot. In many states, the State Board of Contractors handle issues like this, and in mine, they would be VERY interested in hearing about this. In my state, contracting without a license is a felony, and they have started nailing guys right and left. Is this guy a licensed contractor? Did he provide you proof of that? Did he ever say he was a licensed contractor? Did he have his insurance company send you his certificate of insurance? You notice I DID NOT SAY did he give it to you. He can make one on a copier.
You're stuck at this point. If you keep him, he's pissed. If you chuck him, you have to find another contractor who will pick up where he left off. Good luck.
You are in a deep hole. You will know when you have reached the bottom of this hole when you quit digging. I'd start with the Contractor's Board, and then possibly your Governor's Council on Consumer Affairs. If he is licensed and doing this by the book, he has to have bonds to cover jobs he does not finish. That's part of getting a contractor's license. If he's not licensed, then all bets are off, and you are stuck in a bad position with one broken oar.
Keep us posted.
Steve
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Steve B wrote:

Do you think because a contract was not in writing, it doesn't exist? Do a search on verbal contract. Verbal contracts are every bit as enforceable as written ones, though what was agreed to is much more difficult to prove. And you have no way of knowing what exactly the OP is talking about that was in writing, or if legally, that changes the enforceability of an oral contract. For example, if I hand someone a written description of furniture I'm selling and then we verbally agree to their buying it for $1000, that is an oral contract that is enforceable.
Now, I agree that states will have different laws as to what types of contracts are not legal if done orally, and must be in writing. In all states, AFAIK, contracts for sale of real estate must be in writing. And in his state, a contract of the type he signed may very well have to be in writing too. But to figure that out, he needs to consult a local lawyer, not rely on internet advice that he doesn't have a contract and can ignoere it because he didn't sign anything.
By him telling you that you didn't need

ARe you a lawyer familiar with the laws and case precedents in his state?

I'd start with a lawyer.
If he is

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But, trader, if all you say about verbal contracts and other points of law you have brought up are true, why in the world would they need to see a lawyer? They can just follow your advice here and bend over the barrel to this guy.
I suggested that they contact agencies and a lawyer. Please work on your reading comprehension.
Steve
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Steve B wrote:

I think you're the one that needs to work on comprehension skills. You didn't suggest contacting a lawyer. Here's all your conflicting advice:

So, now you tell him he doesn't have a contract, which is a very bold statement on a critical legal issue, given you're not a lawyer or even in his state. Then we have this post:

Hmmm, what happened to just letting the guy do his job and not starting a war? And no where in all this is the advice to consult a lawyer, which is where he should start, because he needs legal advice to establish where he's at and what his options are, not a consumer affairs war, though that might be appropriate later.
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