: What to do? I need advise here
CStone 01-24-2006, 05:51 PM Signed contract with contractor to build a farm shop, 30x40 with concrete floor and 2 12x12 doors last fall. Long story short, shop's all done except for floor and haven't heard from contractor since Thanksgiving. Given bad weather etc, didn't try to contact him in December, but this month I've been trying to call and keep getting "voice mailbox is full" every time.
My question is this: if this guy's split or his company's folded, what recourse do I have? I have paid all but the last $1500 of the contract price, but I can't get the floor poured for that. Should I pursue a "breach of Contract" suit, or is that a waste of time?
FYI, I did my research (I thought) before signing contract: BBB search, references, the whole bit. Don't know what I could'a done to avoid this ahead of time, but that's a moot point.
66flh 01-24-2006, 05:56 PM Do you know where he lives?How about his office?Maybe you can try and find him that way.
Drywall1 01-24-2006, 09:54 PM Man you gotta go find him!! I know thisistoolate but never pay until work is complete. In my trade the paycheck in the end is a big motivator to git-r-done. Would be interested where you are at, just in case someone on here is near you and could mabye make something happen. I would certinly hop in the truck and start driving around lookin for him. If you cant find him or someone who knows where he is.....then its time to get the lawyer involved.
BTW a builder around here a few years ago got in over his head with about 10 homes in different stages and he up and hit the road. Left many homeowners hanging. They all ended up getting screwed. Hope you have better luck than they did.
Nate
RichLockyer 01-25-2006, 01:56 AM At the very least, file a complaint with the state licensing board if he's licensed. If he's not licensed, then any work over $600 you're SOL... no legal recourse... at least in CA.
ddbackhoe 01-25-2006, 10:10 AM Signed contract with contractor to build a farm shop, 30x40 with concrete floor and 2 12x12 doors last fall. Long story short, shop's all done except for floor and haven't heard from contractor since Thanksgiving. Given bad weather etc, didn't try to contact him in December, but this month I've been trying to call and keep getting "voice mailbox is full" every time.
My question is this: if this guy's split or his company's folded, what recourse do I have? I have paid all but the last $1500 of the contract price, but I can't get the floor poured for that. Should I pursue a "breach of Contract" suit, or is that a waste of time?
FYI, I did my research (I thought) before signing contract: BBB search, references, the whole bit. Don't know what I could'a done to avoid this ahead of time, but that's a moot point.
Go to his office, house, hangout. Hunt him down, be a pain in his a$$. If anyone's pouring on other jobs, it's time to get his crew back on your job. Probably, he is "ducking and running" because he spent you're money and is working the next job to pay for the last, to pay for the one before that........... Whatever deals he has to make isn't your problem and I would not hesitate to tell him so. And, I would keep whatever money I owed him for at least one week to see how the concrete is curing.
Hindsight, you shoulda held back as much as it would cost to rehire the job. Lesson learned, press on, we all do dumb things once in a while.
Wardster 01-25-2006, 11:33 AM If he did not finish, then there has obviously been a breach in the contract. Is there anything that he did that he might have considered an "extra" that you did not pay him for? Was he bonded? If so, then you could call his bonding company and report the incident to them.
-Wardster
CStone 01-26-2006, 04:02 PM Well, called the local ready-mix place to see if he's been ordering concrete for other jobs: Nope, not for last 2 mo. Ready mix guy said "Are you the guy out in ****?" "Yes, that's me." "Well, I can tell you the sub that was going to do the work, maybe he'll know something."
Called sub: He hasn't heard from dude for 2 mo. Did offer to go ahead and pour my floor for me for a little over what I had left on contract. Once weather breaks, if I haven't heard from dude (and maybe even if I have...), I'm just going to get the sub directly to do the work.
For the sake of completeness, called other ready mix places within 50 miles with same question: Nope, not heard from him for last 2 mo.
Methinks he was robbin' Peter to pay Paul and he finally ran outta rope.
Oh well.. at least I can get the shop finished for close to what I originally contracted for. I guess I'll chalk that up to payment for good lesson learned and move on.
Thanks for all the input! 'Preciate it
Dmax Tim 01-27-2006, 10:15 AM It sucks but looks like the ending isn't toooooooo bad.
Wardster 01-27-2006, 12:08 PM I did a quick estimate for this and come up with $3,300. You should expect to pay $1.25/SF in labor and I figured about $75 per yard of concrete (~23 CY in your floor at 6").
My point.....the $1,500 you have left will cover the cost of labor, but it is not enough to cover the cost of the concrete, too. I would hate for you to get anymore surprises, so double-check this with your sub.
-Wardster:ro)
Called sub: He hasn't heard from dude for 2 mo. Did offer to go ahead and pour my floor for me for a little over what I had left on contract. Once weather breaks, if I haven't heard from dude (and maybe even if I have...), I'm just going to get the sub directly to do the work.
CStone 01-27-2006, 12:30 PM Wardster: ready-mix place quoted $1500-ish for concrete and sub told me $500 labor. (Everything's ready to pour: rock is in place and on grade.)
Wardster 01-27-2006, 02:37 PM That is a great labor price......really cheap. Do you know whether or not the original guy was bonded?
Wardster: ready-mix place quoted $1500-ish for concrete and sub told me $500 labor. (Everything's ready to pour: rock is in place and on grade.)
RichLockyer 01-27-2006, 05:01 PM LOL... my flatwork sucks so I cover it with Saltillo tile :D
CStone 01-27-2006, 05:14 PM That is a great labor price......really cheap. Do you know whether or not the original guy was bonded?
No, he wasn't, to the best of my knowledge. Yeah, I know I was dumb.
ddbackhoe 02-01-2006, 05:33 PM Once weather breaks, if I haven't heard from dude (and maybe even if I have...), I'm just going to get the sub directly to do the work.
For the sake of completeness, called other ready mix places within 50 miles with same question: Nope, not heard from him for last 2 mo.
Methinks he was robbin' Peter to pay Paul and he finally ran outta rope.
Oh well.. at least I can get the shop finished for close to what I originally contracted for. I guess I'll chalk that up to payment for good lesson learned and move on.
Thanks for all the input! 'Preciate it
Good thinking to check all the plants, but isn't he a "carpenter" by trade? Have you been over to his house or favorite bar yet ?????? Wanna borrow one of these for the visit
http://smileys.smileycentral.com/cat/36/36_8_19.gif or maybe http://smileys.smileycentral.com/cat/14/14_6_11.gif :eek:
lccent 02-02-2006, 12:00 AM I had a contractor pour my concrete for my my barn Paid him about 6 weeks later I get a letter in the mail from the concrete company. Turns out the guy never paid the concrete company for the concrete so they put a lien on my house for the amount owed to them. I bugged this guy for about a week straight, phone calls faxes went to his house and talked to the concrete company. I come to find out that in Illinois if you hire a contractor to do work at your home and pay him but he doesnt pay the subs you as the home owner are still liable for the unpaid amounts owed to the subs. So now I have learned any work in the future I have done I have the contractor and all his subs sign lean waivers before commencing any work so it doesnt come back to bite me in the a$$. I filed a small claims case against him cost me a 100 bucks. Guess what once the sherriff found him and presented him with a supeona to show up to court he paid. Hope this helps
CStone 02-02-2006, 12:33 PM thanks, all!
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