Marc_ely

We've recently bought our first house over here and wanted some jobs doing. Sorry this ones a bit ranty. I find dealing with tradesmen very hard work.

Throughout the build we've had various issues and problems and now they are finished I have the balance to pay.

In two weeks (they overran by a week) we have seen: losing outlet covers (and replacing with a different type so they don't match), removing protective floor covers prematurely, falling through the ceiling, damaging the floor, repairing the floor (not perfectly), and finally, leaving an outside door not just unlocked, but wide open overnight. We were lucky we weren’t burgled or vandalized.

In terms of the work they did:
- Chipped out an old fireplace hearth and drywalled across the wall, made good ready for decorating
- Removed a murphy bed frame, and made good floor, ceiling and walls
- Removed a cast iron bath and tiles surrounding
- Replaced one piece of termite damaged wood
- Added some attic-tie braces

To cap it off he then tries to charge for extras for just about everything and mysteriously can’t find receipts for anything he has had to buy. He charges a 20% contingency, which he cannot (or wont) list what was covered. It seems it's basically to pay for his men to fix up the stuff they broke doing the work (ceiling and flooring specifically).

Does anyone know if I can stick to my guns and ask for explanation of the contingency? Or is this a normal way for builders to operate over here? Hence sucking it up.

steveq

Sorry about your troubles, but for future reference, the AIA produces several standard forms of contract for just these sorts of circumstances. Just like the RIBA in the UK issues the JCT for small works, the AIA does the same in the USA.

Otherwise, you need an attorney. Did you not have a retention ? I joined very useful website called http://www.Justanswer.com for a small monthly fee, I get all sort of advice from verified experts - they include building contract lawyers. You can ask a single question for a single one off fee. I;ve been using their car experts to help repair my Mitsubishi - saving me about $4000.

Steve

Steve

dc koop

Whenever I read posts like this I always end up saying the same thing. Go to Angies List on the net. The contractors on their site are bonded, insured and are reputable and trustworthy. Also go to Lowes or Home Depot and talk to the Contractor Services dept, tell them the kind of work to be done and they will send one of the contractors who work with them to the house and give you an upfront estimate. Get three estimates before starting any work.

I just had my roof redone by a contractor with Lowes. They finished it all in three days, cleared up every bit of mess and the work was passed with flying colors by the City Building Inspector.

Try saving money using a fly by night merchant and you'll end up paying for it with headaches and troubles

I've lived here 40 years and this advice was learned the hard way.

Marc_ely

He's not a cowboy picked up outside HD... he's licensed and bonded. Runs a reputable firm. Recommended by my British realtor, who's lived here 30yrs.

So in your experience - what's the crack with the contingency? Do they all add that on?

scrubbedexpat099

A contingency is something an Employer allows for to cover any unexpected issues that arise. The Contractor to claim on it specifies what happened and substantiates the costs incurred, normally a contingency item would be discussed prior to additional work proceeding.

Bob

But they're not always. Just like Yelp etc, those that pay can get the bad reviews scrubbed.

Marc_ely

Thanks for the responses.
And in particular to SteveQ.
I've been speaking to an attorney about this on the Justanswer site.
He is in agreement with Boiler, that contingencies need to be specified to be claimed. You can't just add on 20% like a tip to a waiter.

steveq

You're welcome. JustAnswer is a goldmine of great help.

Nutek

Yep. Makes it kinda useless.

NatashaB

This. On the one occasion we had a less than great experience with Angie's List, they stepped in, told the guy to stop contacting us and struck him off their site. They are more than just a site with a list of tradesmen on it.

Bob

Funny that, not our friends experience.

Their comments got deleted from the site and they were ignored and the trades person still has a glowing profile.

The site is known to binning bad news if the tradesperson is willing to pay for it.

dc koop

Sorry to hear that others have had a problem with Angies. I had no problem with the contractor I used and in fact received a $400 refund from him due to an error he made when he did the original estimate, a self admitted mistake also.

I would however consider using a contractor who works with Lowes or Home depot. Both of them stand by their work. Bad publicity is something neither of them need.

I would also recommend that a potential customer obtain the names and phone numbers from people they've done work for previously and also go on the contractor web sites and check customer reviews posted on there. The BBB is also another source to check with

I get a lot of calls from home improvement people on the phone. IMO a contractor shouldn't need to call people on the phone in search of work. Word of mouth and good references should keep a contractor busy. In this respect I may be wrong of course but again it's just my opinion.

steveq

You can't really beat putting a formal contract in place, and for only $80, you can save that with a single "additional" item appearing on your invoice from the contractor

dc koop

Definitely a good idea and certainly worth the extra 80 bucks. Lowes and H.D both require contracts as part of the agreement.

I learned the hard way about fly by night contractors. I hired a contractor on the recommendation of someone I worked with. When the work was finished I paid off the balance I owed to him. A week later there was a knock on my door. It was the sub-contractor he had hired to do the electrical work. The contractor hadn't paid him although it was understood that the money I paid to the contractor included payment to any sub-contractors. By law then I was required to pay the sub-contractor or failing to do that the sub-contractor had the right to place a lien on my property.

After I had paid the sub-contractor I tracked down the main contractor who had changed his phone number and had also declared bankruptcy. I didnt bother filing a lawsuit against him. Most times it's not worth the hassles for a few hundred dollars but I had learned a lesson. The lesson was that when sub-contractors are involved always get them to sign a release at the end of the job as well as requiring the main contractor to do the same. A safe and secure way to avoid a lot of grief.