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.
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.
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.
| Malcolm Hoar "The more I practice, the luckier I get". |
I guess you have never built a house, or you would be doing this yourself,
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
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.
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.
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
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?
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
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.
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.
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
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
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
I suggested that they contact agencies and a lawyer. Please work on your
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
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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