Stressed by contractor issue, off topic

storycrafter

I need to decide how to move forward with completing an expensive project, but am needing a quick answer to a worrisome question. Am going to try to be concise with pertinent information that gives you enough of a picture: 

A contractor who did major work on our house wants the final check. We already paid for 90 percent of the job. If I hold back 5 percent (of the very large contract), and include a letter explaining why, concluding with something like, "Please reply in writing when you receive this check that the job is paid in full," are they likely to come back without warning and sue me? What are they likely to do if I don't pay the complete amount?

Is it okay for me to hold back five percent explaining why in a letter? We were told the job would be take two weeks. I mentally gave it twice that. It has been at least four months, all very stressful, disruptive dealings with strangers traipsing through our house. It completely derailed both our Thanksgiving AND Christmas holidays and required a constant, stressful back and forth with the site manager and all the scheduling of different sub contractors coming in a out of the house.

My husband a I will be forever traumatized by the entire thing. It completely disrupted our lives for several MONTHS during an important part of the year! Needless to say it was very hard on my loved one with FTD and I had to manage all that too. I have been unable to focus on other important things that have needed attention during that time. Like, our taxes aren't done.

I know the contractor has no interest in our emotions. I will acknowledge the pandemic supply issues in my letter. But it does not feel right to pay the full amount after what we went through. I believe they should acknowledge it by reducing charges.

I don't know how to say or request it right, how to present my case to them, don't know how to be sure a manager gets the letter ... but I thought I might try. I am not a business person and feel the stress in my body all these months; my stomach is churning in misery as I write this. But I'm so angry at the company for their poor management I've got to at least try to say something and do something or I can't live with myself.

Is this reasonable for me to do? Or am I too close to it? I know life isn't fair. I may chicken out yet, may lose the energy to deal with it and give up; just pay the whole amount because it's mentally and physically easier.

I already spoke to the site manager when he came by the house last week to finish replacing/repairing broken parts on a couple of the new windows, and after the last contractor came in and finally fixed the broken tile under the kitchen window. The job has been going on since last November ... after being canceled several months in a row due to supply chain problems. Now I can finally put furniture back and begin to focus on other things, the other million things I must do that feel almost just as onerous.

Ha, there I've gone on and on after all. Thank you for letting me vent. I think I got my main question in the second paragraph though. I just don't want to create another can of worms for myself when I least need it. If I write them a partial check I don't want to shoot myself in the foot. Thank you thank you thank you for your listening ear. ~ Helen

LadyTexan

Hello Helen.

I am not an attorney. In my pre-caregiving profession, I audited multi-million dollar construction projects. My recommendation is to refer to the original contract that you entered into with the contractor. Re-read what you and the contractor agreed to. If the contract includes a time specific or date specific completion period/time, and the contractor did not meet that timeline, there may be a basis for with holding partial payment. The contract along with any amendments are the guiding documents.

Having said that, I have heard of contractors placing liens on a property, if the payment is not made for the full price. 

I understand your frustration. I have had several unfortunate experiences with contractors and tradesmen. The key is having clearly stated expectations in writing. The expectations should cover, at a minimum, scope of work, budget and completion timeline.

Rescue mom

I’m not an attorney either, do have some experience with the business. But I am not clear on a couple things that seem like they might be important….is the work finished? Did you have a written contract? Was a substantial completion date addressed in the contract, along with potential penalties for failing to meet deadlines? Usually it’s part of the contract.

And yes, this is a hard and stressful time for big renovation work..I understand your frustrations, have dealt with similar ones this year. It’s awful. It’s awful that there are so many steps/players/issues involved that no one person (in many cases) can handle/control. 

jfkoc

Hopefully you do have a contract to fall back on.

Please keep in mind that Covid did  create horrible problems for the construction industry.

What you might due is simply write the check for the amount you decide on and add "paid in full" at the bottom where you say what the cheack is for. 

Who knows. They may just accept it and cash the check.

jmlarue

As much as I might want to punish the contractor, I would probably attempt to negotiate that final 10% payment. I'd even be satisfied with a "meet me in the middle" settlement of a 5% reduction in the final cost. After all you've been through, the last thing you should invite is a contractor's lien being attached to your property deed. That lien can be attached with a pen stroke and trying to clear that cloud on your title will likely require expensive litigation. In other words - you'll end up paying one way or the other - pay the final 10% to the contractor or pay that money to retain a lawyer and hope against hope you can prevail in court. There's another little known way for your contractor to retaliate for you not paying the full amount. They could cut their own loss by refusing to pay a sub-contractor or supplier on your project, which would result in those entities putting a lien your property. At the very least, spend the $150 bucks or so to consult an attorney on the strength of your position, first, to make sure you are not drawing a line in the sand or negotiating from an untenable position.

Lorita

Hi Storycrafter,

 Has the work been completed?  I sort of know what you're going through.  I've been having work done on our house - thought it would only be a small place in the bedroom and the utility room floor.  But, as you know, once they get into something there's always more to be done than originally thought.   With the bad weather, covid illness in the contractor and a couple of his  men, bad weather and various other things it has dragged on for three months and still not finished. If they could get a good three days work in, it would be finished.   It's a real headache.

 Might be easier to just pay the 10% and be rid of them and not have to go through other ways to cut the cost.  I think that's probably what I'll do.  The prices have really added up - I realize lumber is much higher and harder to get along with everything else. 

 What is it they say - when you have work done it always takes 2-3 times longer than planned and costs 2-3x  more than originally planned.  I'd hate to build a new house.  Ours is way over 100 years old so who knows what someone would find when they did repair work.

 Good luck with whatever you decide to do.  You've had some good suggestions.

[Deleted User]

The user and all related content has been deleted.

Rescue mom

Others said something well Re: the future… But barring contract specifics, you can refuse to pay. They can, in turn, file a lawsuit and/or lien for unpaid work. Or, they could just write it off and let it go. No telling. . I’d  want legal advice, but I mostly want it behind me and done with.

But what could also be bad, is the problems from nonpayment if you need anything in the future. Now you probably can’t imagine more work or repairs. But you never know what can happen…and word spreads fast among contractors/subs.

storycrafter

All of you are marvelous to reply. Thank you!

Yes, the job is now completed. The contract has somehow been misplaced <big sigh>. Yes, I'm looking for it.

I told my husband a little while ago I was just going to pay the full amount and let it go. It's not worth the stress. He surprise me by saying, Let's escalate it and talk to a manager. ... My husband says he will help me talk with the manager (I can write a letter better than talk in the moment). I agreed to go with it.

As I wait for a manager from the company to call, I jotted a list of notes to remind myself of the points I could bring up (didn't include dh has FTD and I have serious auto immune issues). I wish I were a trained negotiator and had the words/phrases at my fingertips that are more likely to make us heard.

Thanks again for your helpful feedback and perspective you've already given me.  It's priceless support. Thank you for inspiring me to get clear.  ~Helen 

After speaking with the company I might try putting it in a follow up letter. I was naive about the scope of such a project, but, maybe the company will do better for someone in the future. 

My List:

UNREASONABLE pain and aggravation, UNDUE EXTENDED STRESS, complete disruption of plans for extended period (acknowledge pandemic effects)

General ---

Initially told 2 weeks

    instead FIVE MONTHS

        not counting a few months of cancellations before that, all the prep and adjustment of schedules for naught,

        necessitated family travel cancellations

Complete disruption of ENTIRE Fall;  BOTH Thanksgiving holiday and Christmas

    unable to move furniture back to normal until a couple weeks ago, middle of March (five mos later!)

Constant NUMEROUS intermittent INTERRUPTIONs with outsiders/contractors/site manager coming in and out of the house over the five mos, never knowing when.

    Required numerous and frequent cancelations of our daily activity and continuous adjustment throughout the five months

Specifics ---

Carpenter was excellent, but wasn’t provided with enough quality materials to correctly complete his job

Many repairs required later to correct obvious flawed and goudged wood

Dumpster driver showed up unannounced at 7 a.m.

Missing/Broken parts

Screens delayed, when arrived remained in large boxes taking up space in garage/house for weeks

Windows had inoperable parts, repairs delayed for months

Trades (carpenter and window install/washers) good

Paint-average: required much supervision and support from us

Broken tile: multiple trips to correct

Good support with insurance company