Contractor contract question

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gsabc
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Contractor contract question

#1 Post by gsabc » Fri Jul 16, 2010 7:13 am

Our original choice of a contractor for our bathroom remodel did not want to fill in the blank for the completion date. When asked about it, he talked about low probability stuff like accidents to himself and others that might delay the work. He also said
A completion date only protects the contractor when it comes to putting a mechanics lien on their property, by law it is required. It has no real benefit to the home owner, ...
I don't get this at all. How does explicitly stating in the contract "You need to be done by December 1st" protect the contractor and have no benefit to us? As I see it, it should protect us in that he can't walk away from a half-finished job with our money in his pockets, leaving us with holes in the walls and in search of someone to complete the work at additional expense.

We have blown him off and selected another contractor, whose contract we should get by early next week. All the estimates we got were similar, so it was as much personality as pricing in the decision. I will try to post a before and after set of bathroom photos somewhere. If it all comes together as planned, it'll be great.
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Re: Contractor contract question

#2 Post by themanintheseersuckersuit » Fri Jul 16, 2010 7:16 am

You made the right call. The most important thing with contractors is not giving them too much money up front.
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Re: Contractor contract question

#3 Post by geoffil » Fri Jul 16, 2010 7:16 am

I am not a lawyer, but I have played a doctor on TV. If there is no set date then when he doesn't finish in a time needed by you, you have no recourse because technically he is not in default of the contract. I would get a date so you both have the same expectations. He must have too many jobs to finish in time or has problems finishing by a set date.

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Re: Contractor contract question

#4 Post by FannytheBull » Fri Jul 16, 2010 7:36 am

If you live in an old house, don't get a new toilet if you can at all help it. It's something I never thought about when I moved, but low flush toilets are, you should pardon the expression, crap.....

Top things I miss most about my early 40s bungalow:

Old toilet that would flush a cinderblock.

Water pressure.

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Venturing into the crawlspace with a lighter and some newspaper and attempting to light the pilot light on the furnace while lying down in a bunch of dirt.
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Re: Contractor contract question

#5 Post by silverscreenselect » Fri Jul 16, 2010 8:08 am

I can guarantee you if this guy has done any commercial work, the contract he signed had a completion date and a penalty clause for failure to meet the date.

You are right to look somewhere else. For whatever reason, he's concerned about his ability to make a particular deadline. Either he's a slow worker or he's overloaded with work and plans to fit the low paying jobs in whenever he can.
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Re: Contractor contract question

#6 Post by littlebeast13 » Fri Jul 16, 2010 8:16 am

FannytheBull wrote:Top thing I don't miss about my early 40s bungalow:

Venturing into the crawlspace with a lighter and some newspaper and attempting to light the pilot light on the furnace while lying down in a bunch of dirt.

I'll bet that was a sight to see......

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Re: Contractor contract question

#7 Post by christie1111 » Fri Jul 16, 2010 8:21 am

Found it and I am glad.

When I first saw it all I could think was WTF?

:D
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Re: Contractor contract question

#8 Post by Bob78164 » Fri Jul 16, 2010 8:28 am

geoffil wrote:I am not a lawyer, but I have played a doctor on TV. If there is no set date then when he doesn't finish in a time needed by you, you have no recourse because technically he is not in default of the contract. I would get a date so you both have the same expectations. He must have too many jobs to finish in time or has problems finishing by a set date.
That's not completely true. If there's no date, the law will probably imply an agreement that the contract will be finished in a "reasonable" time. Of course, rather than fighting over what that is when the contractor is slow, it's much better to agree on a completion date. --Bob
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Re: Contractor contract question

#9 Post by SportsFan68 » Fri Jul 16, 2010 8:36 am

I agree, get a completion date.

Or, have the spouse of your contractor work two offices over. :D

Getting our remodel done was no problem; he did give us a completion date and finished about two weeks early. The problem came after the work was done. With the economic downturn, our contractor laid off about half his employees so was working shifts and doing the paperwork at night. With me working so closely with his wife, he figured we were low risk and took about six weeks to work up our bill. You would think we wouldn't be so anxious to pay a bill that big, but it impacted some other financial planning areas.
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Re: Contractor contract question

#10 Post by minimetoo26 » Fri Jul 16, 2010 8:36 am

littlebeast13 wrote:
FannytheBull wrote:Top thing I don't miss about my early 40s bungalow:

Venturing into the crawlspace with a lighter and some newspaper and attempting to light the pilot light on the furnace while lying down in a bunch of dirt.

I'll bet that was a sight to see......

lb13

My hot water heater is in a niche in the attic that requires some contortions to reach and then some more to access the door to the pilot, so I'm the relighter by default--I'm smaller and more flexible than the others I'd trust with fire near a gas line (my dad, my husband, and my oldest son.) The cable guy insisted the line was somewhere under the floor we put in the attic while I insisted it really WAS under the house and his ass needed to be in the crawl space. I ended up sending Stephen under there to reconnect the line and now whenever I need the lazy-ass cable guys for a problem that isn't outside my house (another sore subject if you recall) I tell them in advance to send someone who can fit in a crawl space and be ready to have to commando crawl if the problem can't be fixed any other way.
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Re: Contractor contract question

#11 Post by littlebeast13 » Fri Jul 16, 2010 8:44 am

minimetoo26 wrote:
littlebeast13 wrote:
FannytheBull wrote:Top thing I don't miss about my early 40s bungalow:

Venturing into the crawlspace with a lighter and some newspaper and attempting to light the pilot light on the furnace while lying down in a bunch of dirt.

I'll bet that was a sight to see......

lb13

My hot water heater is in a niche in the attic that requires some contortions to reach and then some more to access the door to the pilot, so I'm the relighter by default--I'm smaller and more flexible than the others I'd trust with fire near a gas line (my dad, my husband, and my oldest son.) The cable guy insisted the line was somewhere under the floor we put in the attic while I insisted it really WAS under the house and his ass needed to be in the crawl space. I ended up sending Stephen under there to reconnect the line and now whenever I need the lazy-ass cable guys for a problem that isn't outside my house (another sore subject if you recall) I tell them in advance to send someone who can fit in a crawl space and be ready to have to commando crawl if the problem can't be fixed any other way.

You should see what I had to do to get to my water shutoff, which is in the corner of the utility closet all the way behind the water heater.....

I think builders do these kind of things on purpose just to be funny.....

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Re: Contractor contract question

#12 Post by minimetoo26 » Fri Jul 16, 2010 8:48 am

littlebeast13 wrote:
minimetoo26 wrote:
littlebeast13 wrote:

I'll bet that was a sight to see......

lb13

My hot water heater is in a niche in the attic that requires some contortions to reach and then some more to access the door to the pilot, so I'm the relighter by default--I'm smaller and more flexible than the others I'd trust with fire near a gas line (my dad, my husband, and my oldest son.) The cable guy insisted the line was somewhere under the floor we put in the attic while I insisted it really WAS under the house and his ass needed to be in the crawl space. I ended up sending Stephen under there to reconnect the line and now whenever I need the lazy-ass cable guys for a problem that isn't outside my house (another sore subject if you recall) I tell them in advance to send someone who can fit in a crawl space and be ready to have to commando crawl if the problem can't be fixed any other way.

You should see what I had to do to get to my water shutoff, which is in the corner of the utility closet all the way behind the water heater.....

I think builders do these kind of things on purpose just to be funny.....

lb13

The builders have no intention of ever coming back to work on the finished product. I don't know how I can get to my dryer duct since it connects in the crawl space but in this tiny niche. If I can find a midget spelunker duct guy, he's hired to see if it's connected properly and unclogged..........
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Re: Contractor contract question

#13 Post by Not Mini » Fri Jul 16, 2010 8:49 am

minimetoo26 wrote:
littlebeast13 wrote:
minimetoo26 wrote:

My hot water heater is in a niche in the attic that requires some contortions to reach and then some more to access the door to the pilot, so I'm the relighter by default--I'm smaller and more flexible than the others I'd trust with fire near a gas line (my dad, my husband, and my oldest son.) The cable guy insisted the line was somewhere under the floor we put in the attic while I insisted it really WAS under the house and his ass needed to be in the crawl space. I ended up sending Stephen under there to reconnect the line and now whenever I need the lazy-ass cable guys for a problem that isn't outside my house (another sore subject if you recall) I tell them in advance to send someone who can fit in a crawl space and be ready to have to commando crawl if the problem can't be fixed any other way.

You should see what I had to do to get to my water shutoff, which is in the corner of the utility closet all the way behind the water heater.....

I think builders do these kind of things on purpose just to be funny.....

lb13

The builders have no intention of ever coming back to work on the finished product. I don't know how I can get to my dryer duct since it connects in the crawl space but in this tiny niche. If I can find a midget spelunker duct guy, he's hired to see if it's connected properly and unclogged..........

I thought you were a midget....... maybe you really ARE Rexer..... :shock:
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Re: Contractor contract question

#14 Post by minimetoo26 » Fri Jul 16, 2010 8:51 am

Not Mini wrote:
minimetoo26 wrote:
littlebeast13 wrote:

You should see what I had to do to get to my water shutoff, which is in the corner of the utility closet all the way behind the water heater.....

I think builders do these kind of things on purpose just to be funny.....

lb13

The builders have no intention of ever coming back to work on the finished product. I don't know how I can get to my dryer duct since it connects in the crawl space but in this tiny niche. If I can find a midget spelunker duct guy, he's hired to see if it's connected properly and unclogged..........

I thought you were a midget....... maybe you really ARE Rexer..... :shock:
I'm a midget who's over 5 feet tall. :P
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Re: Contractor contract question

#15 Post by littlebeast13 » Fri Jul 16, 2010 8:52 am

minimetoo26 wrote:
Not Mini wrote:
minimetoo26 wrote:

The builders have no intention of ever coming back to work on the finished product. I don't know how I can get to my dryer duct since it connects in the crawl space but in this tiny niche. If I can find a midget spelunker duct guy, he's hired to see if it's connected properly and unclogged..........

I thought you were a midget....... maybe you really ARE Rexer..... :shock:
I'm a midget who's over 5 feet tall. :P

Well, have the prostitute do it then..... she's not afraid to get a little dirty, so I hear....

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Re: Contractor contract question

#16 Post by minimetoo26 » Fri Jul 16, 2010 9:00 am

littlebeast13 wrote:
minimetoo26 wrote:
Not Mini wrote:

I thought you were a midget....... maybe you really ARE Rexer..... :shock:
I'm a midget who's over 5 feet tall. :P

Well, have the prostitute do it then..... she's not afraid to get a little dirty, so I hear....

lb13

She's one of the few professionals who charges more per hour than a contractor... :evil:
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Re: Contractor contract question

#17 Post by littlebeast13 » Fri Jul 16, 2010 9:03 am

minimetoo26 wrote:
littlebeast13 wrote:
minimetoo26 wrote:
I'm a midget who's over 5 feet tall. :P

Well, have the prostitute do it then..... she's not afraid to get a little dirty, so I hear....

lb13

She's one of the few professionals who charges more per hour than a contractor... :evil:

But will she fill in a completion date on the contract..........? :P :P :P :P


Time to get Dad for Ponderosa...... later!

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Re: Contractor contract question

#18 Post by ulysses5019 » Fri Jul 16, 2010 9:52 am

minimetoo26 wrote:
Not Mini wrote:
minimetoo26 wrote:

The builders have no intention of ever coming back to work on the finished product. I don't know how I can get to my dryer duct since it connects in the crawl space but in this tiny niche. If I can find a midget spelunker duct guy, he's hired to see if it's connected properly and unclogged..........

I thought you were a midget....... maybe you really ARE Rexer..... :shock:
I'm a midget who's over 5 feet tall. :P
So you're a tall midget. Or a short basketball player.
I believe in the usefulness of useless information.

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Re: Contractor contract question

#19 Post by Fitzwilliam_Darcy » Fri Jul 16, 2010 2:03 pm

It is so difficult to find a good tradesman these days. And even when you believe that you may have a bit of leverage to exert, you may find your expectations dashed.

I was involved in a romantic entanglement with a wonderful, albeit slightly spotted (she was divorced), woman during the two years immediately prior to my meeting dear Miss Bennett; upon meeting Miss Bennett I of course cut off that earlier liaison; gentleman that I am, the other lady and I were able to remain on cordial terms.

Shortly after we terminated that affaire de cœur, the other lady threw herself into a flurry of activity, primarily remodeling her kitchen. I was so impressed with the work that was done that I retained the same tradesman to remodel my own kitchen (which pleased the staff to no end: they were delighted with the capacious cabinetry, detailed tile work and overall fine workmanship; I find that the lower orders do thrive when placed in pleasant surroundings). Well. As it happens, the other lady so impressed with the work done by this tradesman that she undertook to enter into a new romantic entanglement of her own, with him, one that continues to this day. Dear Miss Bennett is aware of the relationship I formerly shared with the other lady, and she has no objection to this or any other past indiscretion on my part (Miss Bennett is the most understanding of women, and she understands that there is no lingering residue from that part of my past); I do not know if the other lady's tradesman-caller is aware of the extent of my former relationship with his inamorata (proper ladies, even if slightly spotted, do not discuss such things), but he does not seem to be the least disturbed by whatever he does know. The four of us-- the other lady, her tradesman-caller, Miss Bennett and myself-- are the best of friends, to the extent that the other lady and her tradesman-caller traveled afar to attend the nuptials of dear Miss Bennett and myself, as our honored guests.

Well again. The other lady employed her tradesman-caller to remodel her bathroom. As with the kitchen project, I was very impressed with the work that was done, and Miss Bennett and I retained him to remodel our own master bathroom. Which was scheduled for completion over two weeks ago. And which is still not complete: more than two weeks ago, he had completed all but perhaps one day's worth of work, and had completed it well, but it has taken over two weeks to finish the last bit of toil, as he and his staff have for some reason seen fit to do no more than an hour or two of work each day, rather than just finish it all up at once.

This has vexed me. I had hoped to use the influence of the other lady, to encourage her tradesman-caller to complete the project (perhaps by withholding her favors, or whatever other means she deems fit), but this has been to no avail.

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Re: Contractor contract question

#20 Post by smilergrogan » Fri Jul 16, 2010 2:42 pm

I think some of the parentheses were even inside other parentheses this time.

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Re: Contractor contract question

#21 Post by FannytheBull » Fri Jul 16, 2010 3:12 pm

littlebeast13 wrote:
FannytheBull wrote:Top thing I don't miss about my early 40s bungalow:

Venturing into the crawlspace with a lighter and some newspaper and attempting to light the pilot light on the furnace while lying down in a bunch of dirt.

I'll bet that was a sight to see......

lb13
When did Fanny's hair turn orange? I haven't seen her for a couple hours, but it's a pretty safe bet that she's upstairs snoozing rather than locking herself in the bathroom with a box of Nice & Easy.....

And not just dirt, but cold, hard dirt! Oddly enough, Fanny was never in the crawl space, but Cecilia was. Somehow, she managed to get under one of the floor grates and fall into the heat duct! Luckily, the heating system had been updated to FAG and the old oil burner had been disabled (they just left the big grates in the walls and floors).

So I had to call my cousin to come over and, several hours later, he showed up, took apart that particular duct and she slid right out and into the crawl space. He thought it was funny. I did not.
If you can't dazzle them with brilliance, baffle them with bullshit......

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Re: Contractor contract question

#22 Post by FannytheBull » Fri Jul 16, 2010 3:17 pm

christie1111 wrote:Found it and I am glad.

When I first saw it all I could think was WTF?

:D
Ha! If you don't know the context, it does kind of look like she's pulling an Andy Dufresne......
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Re: Contractor contract question

#23 Post by Estonut » Fri Jul 16, 2010 3:50 pm

FannytheBull wrote:Old toilet that would flush a cinderblock.
I'm a little concerned about your diet...
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Re: Contractor contract question

#24 Post by silvercamaro » Fri Jul 16, 2010 3:58 pm

Estonut wrote:
FannytheBull wrote:Old toilet that would flush a cinderblock.
I'm a little concerned about your diet...

Rec! Biggest laugh I've had all day.
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Re: Contractor contract question

#25 Post by FannytheBull » Fri Jul 16, 2010 4:00 pm

Estonut wrote:
FannytheBull wrote:Old toilet that would flush a cinderblock.
I'm a little concerned about your diet...
I"ll wager that you've never been on long term Vicodin use.....
If you can't dazzle them with brilliance, baffle them with bullshit......

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