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Old 03-21-2011, 06:39 PM
 
4 posts, read 20,416 times
Reputation: 10

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Hi all,
Im under construction with this lisenced contractor , but he's given me so much hard time and headache, so I'm think I may have to sue him for what he did to me.
He looked at my permitted blue print and gave me an estimate of 25 thousand to finish the work at the job site , completely till Final inspection . He breaks it out from this material to another one with labor and discount..with seperate price. I agree with that. When I summit to township, they ask us to finish the fire-rated wall 2 hours , go up to the roof deck, he charged me another 12 thousand. I agree with it. No contract , just his estimate and we start the job. As the job start, he told me his electrician change his mind and dont want to do the work with that price, instead, he ask for another 4.5 thousand. I say ok, do it and finish it fast. Then he changed the estimate again after 3 weeks, he wants another 8 thousand for the wall up to the roof again (which already included), and some unreasonable extra. The total he gave me is 53 thousand (include plumbing sub-contract )
As a tenant, I just want to finish the job fast, and from the beginning , we didnt sign any contract...so I started written contract, agree to pay him total 50 thousand for complete job as blue print,no extra until final inspection , ( i supply my furniture )which means his work needs to be good enough for passing inspection.If they dont finish the work by my deadline, they will be responsible for subtracting 1 thousand a day. We sign. Now he starts to ask for more money to buy material, and there're couple things needed for inspection but he wont buy.
He also doesnt want to give me the receipt of 50 thousand, but only around 20 thousand because he said if he do 50 thousand, he has to pay alot of tax..But I DO need the receipt for my tax at the end of the year, as a new busniness, and the correct amount for me to buy insurance.
He's only in the job site for 7 days during 3 months of construction ( he hired another crew to do the job and pay them 38 thousand in the 50 thousand i pay).
He now doesnt want to pay for my plumbing sub contract either.

Do you think I have a good case to sue or will I be able to get anything back from him?
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Old 03-21-2011, 06:42 PM
 
9,124 posts, read 32,094,329 times
Reputation: 3519
Sounds like you need a lawyer. Stupid question- who does $50,000 of work without a written agreement?
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Old 03-21-2011, 07:09 PM
 
4 posts, read 20,416 times
Reputation: 10
yeah, I know right? but at first , it was only 25,000. and one of my best friend was about to do the work with that contractor , that's why I trust them..but after so much raising , I think I better started a written agreement , but the problems still go on..
I learn BIG lesson, never let friend involve in business!
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Old 03-21-2011, 07:35 PM
 
5,239 posts, read 6,512,514 times
Reputation: 11301
Find a good lawyer, some of them are just like your con-tractor, so be careful who you choose.
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Old 03-22-2011, 01:22 PM
 
1,041 posts, read 2,440,484 times
Reputation: 764
Good luck with this.

How do you not sign contracts? And I mean real deal iron clad contracts. Doesnt everyone realize that contractors are the slimiest people on the face of the earth? a 25K estimate, then he saw you didnt fuss, or sign a contract he figured he could milk you some more, then he went back to the well again to milk you some more. I've worked on site with contractors (as an engineer) and they will NICKEL and DIME you to death. Even if something is common sense and not to code (say in a drawing) they will intentionally do it wrong, only to finish, tell you its wrong, and then charge you to do it again.

Also, i pray you didnt pay the guy in cash.
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Old 03-22-2011, 04:41 PM
PDD
 
Location: The Sand Hills of NC
8,776 posts, read 14,134,753 times
Reputation: 11850
Quote:
Originally Posted by standard123 View Post
Hi all,
Im under construction with this lisenced contractor , but he's given me so much hard time and headache, so I'm think I may have to sue him for what he did to me.
He looked at my permitted blue print and gave me an estimate of 25 thousand to finish the work at the job site , completely till Final inspection . He breaks it out from this material to another one with labor and discount..with seperate price. I agree with that. When I summit to township, they ask us to finish the fire-rated wall 2 hours , go up to the roof deck, he charged me another 12 thousand. I agree with it. No contract , just his estimate and we start the job. As the job start, he told me his electrician change his mind and dont want to do the work with that price, instead, he ask for another 4.5 thousand. I say ok, do it and finish it fast. Then he changed the estimate again after 3 weeks, he wants another 8 thousand for the wall up to the roof again (which already included), and some unreasonable extra. The total he gave me is 53 thousand (include plumbing sub-contract )
As a tenant, I just want to finish the job fast, and from the beginning , we didnt sign any contract...so I started written contract, agree to pay him total 50 thousand for complete job as blue print,no extra until final inspection , ( i supply my furniture )which means his work needs to be good enough for passing inspection.If they dont finish the work by my deadline, they will be responsible for subtracting 1 thousand a day. We sign. Now he starts to ask for more money to buy material, and there're couple things needed for inspection but he wont buy.
He also doesnt want to give me the receipt of 50 thousand, but only around 20 thousand because he said if he do 50 thousand, he has to pay alot of tax..But I DO need the receipt for my tax at the end of the year, as a new busniness, and the correct amount for me to buy insurance.
He's only in the job site for 7 days during 3 months of construction ( he hired another crew to do the job and pay them 38 thousand in the 50 thousand i pay).
He now doesnt want to pay for my plumbing sub contract either.

Do you think I have a good case to sue or will I be able to get anything back from him?
In NJ licensed residential contractors are required by law to have a signed contract before they do any work.
I know because I was a licensed NJ contractor.

Contact an attorney and have him file a lawsuit on your behalf.
You contractor is breaking the law and can be prosecuted.
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Old 03-22-2011, 06:44 PM
 
Location: Cranford NJ
1,042 posts, read 3,460,792 times
Reputation: 396
Quote:
Originally Posted by PDD View Post
In NJ licensed residential contractors are required by law to have a signed contract before they do any work.
I know because I was a licensed NJ contractor.

Contact an attorney and have him file a lawsuit on your behalf.
You contractor is breaking the law and can be prosecuted.


This sounds like a commercial project....no licensing/registration required.
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Old 03-24-2011, 07:08 AM
 
4 posts, read 20,416 times
Reputation: 10
thank you for your advice.
I paid him check. I realize he's a bastard! He sells his work for people have no license and never been at the jobsite , his job is only order toilet, sink and water heater. Guess what, this s commercial and he gave us the home-use toilet, so my plumber refuses to install cuz its not the right one.
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Old 03-24-2011, 07:21 AM
 
1,041 posts, read 2,440,484 times
Reputation: 764
Quote:
Originally Posted by standard123 View Post
thank you for your advice.
I paid him check.
your check is the receipt then. Just get a copy from the bank
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Old 03-25-2011, 09:06 PM
 
Location: Washington County, ME
1,549 posts, read 2,239,339 times
Reputation: 1857
GET A LAWYER...

and ask them.

I had a contractor leave me high and dry... completed about 30% of the work but had about 70% of the payment (due to the way the contract was set up, and all his lies).

I sued him and won (it never even went to court), but he claimed bankruptcy - so the point is now moot!

I am going to try to have him arrested for fraud, or whatever else they can do! Good luck to you.
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