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Old 08-03-2015, 05:52 PM
 
Location: The place where the road & the sky collide
21,888 posts, read 27,167,930 times
Reputation: 8955

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Quote:
Originally Posted by 1gr8bldr View Post
Thanks for the responses. I have not once, ever had a homeowner who even mentioned one flaw. People who know me know that I am extremely particular. This quality that I require is beyond the industry standard. Meaning that my subs would quit working for me if I required them to do what I want done. So I "take it from here" after they have given it their best job. I can't ask that of them. So, I do it. I will never be the same again. I have had great customers... up till now. I love... or did, love what I do. I feed off the homeowners excitement. Not that I am insecure or anything, in need affirmation, but I love to impress them with quality they could not have foreseen. I hate this situation. I will never have that excitement again. I will always be fearful of getting screwed. My contracts will look like a book rather than have any faith in humanity. Never again will I do change orders without taking payment. No more just doing it, allowing cost to default to me that I may never see again. I do not have a lawyer. What I actually need is to consult with a construction specific attorney. My contract is to build within 6 months. It is now 4. I was finished in 3 but have spent the last month jumping through hoops. Anyway, I may leverage the house sitting for two months. No Certificate of Occupancy until we come to a reasonable agreement. Surely there is something in place to protect me. The idea that a homeowner has to be 100 % satisfied opens the door for them to get out of paying. If they keep moving the goal post, eventually you tire of running.
Take photographs of everything. Consult with a lawyer. In the future, take photographs as a part of the deal.
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Old 08-03-2015, 06:01 PM
 
Location: The Emerald City
1,482 posts, read 1,685,962 times
Reputation: 2108
I'm so sorry this happened. There are some people who think everything needs to be perfect. Nothing ever is. Document yourself.

Most small business owners don't keep an attorney on retainer. I sure didn't!
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Old 08-03-2015, 08:01 PM
 
Location: Carolinas
18 posts, read 15,652 times
Reputation: 18
This is the sort of thing that I have printed for them. Not my standards, but standards set forth in order to resolve disputes and to educate homeowners who are looking for a magician rather than a skilled human craftsman.

https://builderbooks.com/media/flipp...tor_final4.pdf
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Old 08-04-2015, 05:06 AM
 
Location: NC
6,032 posts, read 7,538,274 times
Reputation: 6351
Fred Devore and Rick Adler of Devore Acton and Stafford. They handle construction law and did a property issue awhile back that worked out very well.
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Old 08-04-2015, 09:13 AM
 
385 posts, read 767,443 times
Reputation: 387
If nothing else you should get some work from this post. It's refreshing to hear a contractor stake such pride in your work.

I'm a realtor and also a contractor, but I only do contractor work for internal purposes. To keep my sanity I strive to only work with what many people call ORPs (Ordinary & Reasonable People). I have a very upfront conversation with any new client and clearly define what their goals and expectations are. This results in me having to pass on more than a few new clients. The hard ones are referrals from my great clients, but I learned the hard way on that one. I fearfully had to explain to one of my great clients one day that I couldn't work with his friend b/c I thought he was a jerk. Almost immediately my client agreed and asked if there was anybody in the industry that I hated that we could refer him to.

Someone once told me it's not the contracts you miss out that will kill you, but the ones that you take only late to regret that will!
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Old 08-04-2015, 10:12 AM
 
Location: Carolinas
18 posts, read 15,652 times
Reputation: 18
Quote:
Originally Posted by palmetto75 View Post
If nothing else you should get some work from this post. It's refreshing to hear a contractor stake such pride in your work.

I'm a realtor and also a contractor, but I only do contractor work for internal purposes. To keep my sanity I strive to only work with what many people call ORPs (Ordinary & Reasonable People). I have a very upfront conversation with any new client and clearly define what their goals and expectations are. This results in me having to pass on more than a few new clients. The hard ones are referrals from my great clients, but I learned the hard way on that one. I fearfully had to explain to one of my great clients one day that I couldn't work with his friend b/c I thought he was a jerk. Almost immediately my client agreed and asked if there was anybody in the industry that I hated that we could refer him to.

Someone once told me it's not the contracts you miss out that will kill you, but the ones that you take only late to regret that will!
Good info. I have actually learned alot... through this bad experience. I will be a better business man. Experience is the best teacher. I will strive to make my clients better informed and give each one a copy of National Homebuilders residential standards and Nascla Residential performance Standards. Update, things changed in a major way today. My leverage of no CO until the goal post stops moving has seemed to work. I am ashamed to say that I did agree to tear out and replace a 10x10 section of concrete over a 5 inch hairline crack in the concrete. But, they have my profit in that last draw they are holding
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Old 08-04-2015, 10:53 AM
 
7,672 posts, read 9,878,965 times
Reputation: 7950
Yes. There are people that you just can't satisfy not because you do shoddy work but because they want a steep discount if not for free. It's nothing to them to insult your work if they can get that discount. I have seen people take the highest bid because they want that quality only to turn around and refuse to pay or demand that discount by complaining about the work. And it can drag on for years. They don't care as they get to have the improvements. Some people are simply horrific in how they live their lives.

Okay done complaining. I used to work for a contractor back in Florida and we ran into them occasionally. It was quite exhausting.
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Old 08-05-2015, 10:30 AM
 
25 posts, read 64,184 times
Reputation: 16
Can't you file a lein against them?
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Old 08-05-2015, 12:22 PM
 
Location: NC
6,032 posts, read 7,538,274 times
Reputation: 6351
Quote:
Originally Posted by terrin81 View Post
Can't you file a lein against them?
That is why consulting with an attorney and developing a contract is a good idea.....
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Old 08-05-2015, 01:37 PM
 
Location: Carolinas
18 posts, read 15,652 times
Reputation: 18
Quote:
Originally Posted by terrin81 View Post
Can't you file a lein against them?
NC has changed it's way of doing liens.. even SC. I will from now on go through the proper steps to reserve my right to file a lien. Nowdays, you have to file a potential claim before staring your work. Hardly anyone is aware of how it works now. I can explain it if anyone cares
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