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Old 04-07-2009, 10:25 AM
 
Location: Outside Portsmouth, NH
128 posts, read 467,960 times
Reputation: 59

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I have been trying to get estimates for pricey work I will have done after closing. Some contractors don't call me back. One gave me a quote then added that it factored in that I'd be signing up for other services (a year contract). Another gave me a quote not including anything I asked (and I was specific) and I was told "we figured we'd start off with this and then you can add work after that." Yet another gave me a quote, I said OK, now a week later he doesn't return my calls to make an appointment.

Is this business as usual homeowners?? I've rented up until now so I don't know!
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Old 04-07-2009, 02:00 PM
 
Location: Houston, Texas
10,447 posts, read 49,653,116 times
Reputation: 10615
I hate hearing stories like that. Think of it this way, if this is the response they give you know, be grateful they never call you back.

I run my biz by always keeping the customer informed. Bad news is better then no news. If you cant show up today then call the customer. They may not like it but at least they know whats going on. If something has gone wrong, tell them and offer suggestions. Dont just rig it and hope no one notices.

In this economic depression there are 6 million people out of work currently. Anyone with a tool box and a pick up truck are calling themselves contractors and taking small jobs just to feed their families. Yet most of them their only experience is hanging a curtan rod for Mom.

But these clowns can only go so far before they are had. They will not even respond to calls like yours that you said was a high end job because they are incapable of doing it. There are few truely competant Remodelers out there.

Try contacting NARI NARI - National Association of The Remodeling Industry They will recomend the best qualified professionals. If you need a new kitchen then call NKBA National Kitchen & Bath Association which yours truely is a member of. These are not organizations that any ol Joe can just pay to belong to. You have to earn it. I know I'm the best and I earned it, I did not buy it.

Speaking of. Dont bother with those contractor referral companies. Anyone can pay a fee to belong to it and get referrals. Referral companies claim to screen their contractors but all they screen is the hundred dollar bill it cost the contractor to get on the list.

Good luck to ya......
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Old 04-07-2009, 02:37 PM
 
Location: Grosse Ile Michigan
30,708 posts, read 79,793,239 times
Reputation: 39453
Get referrals. There are many bad contractors out there. THere are also a lot of good ones who will give priority to developers and other sources of repeat business and put you at the bottom of the list. Eliminate anyone who wants a lot of moeny up front. Eliminate anyone without a license and insurance. If they do not show up on the scheduled start date - fire them immediately no matter the excuse, The excuses will continue and you will be delayed for months. If they park a couple of flunkys at your house who do not seem to know what they are doing and leave, fire them immediately.

A good home improvement contractor:

1. Will supervise and/or perform the work personally and never leave anyone alone at your house.

2. Will perform your job continuously every day until it is completed and will not leave for a few days (or weeks) and come back to finish it later.

3. Does not ask for money up front. They may ask you to pay for materials. They may need partial payment prior to payday if your project will take more than a week.

4. Has a insurance. If ist is a sizable project, you also want builders risk insurance.

5. Has references to simlar jobs with happy customers. One poster here suggested that you ask him for references where he made a mistake and corrected his work. If he says that he nevr made a mistake he is either lying, or he refuses to acknowlege his mistakes and will simply blame you for anything that goes wrong.

6. Gives you a written estimate, a written contract and all requests for extra payment for extra work are made in writing in advance of performing the work.

7. Has a license from the state (a very small percentage of unlicensed contractors actually perform quality work, but it is nto worth the risk).

8. Shows up on the date agreed. to me this is the number one sign that you are in trouble (the contractor does nto show up on the agreed start date).
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Old 04-07-2009, 03:30 PM
 
Location: Outside Portsmouth, NH
128 posts, read 467,960 times
Reputation: 59
Thank you so much. This is very helpful because it's all new to me.

Regarding firing: if you have a signed contract, how do you fire them without some kind of legal repercussions? Could they turn around and say you still owe them and go after you?
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Old 04-07-2009, 04:02 PM
 
Location: Houston, Texas
10,447 posts, read 49,653,116 times
Reputation: 10615
Quote:
Originally Posted by buyerbuyerpantsonfire View Post
Thank you so much. This is very helpful because it's all new to me.

Regarding firing: if you have a signed contract, how do you fire them without some kind of legal repercussions? Could they turn around and say you still owe them and go after you?

Oops. If you signed a contract with them for performing construction work, then changed your mind, they can sue you for specific performance. In other words they can get the court to make you go through with it.

But mostly that is not good because there is already bad blood between ya'll. Instead you will have to show your best charm, show some clevage and talk real nice by saying you changed your mind. You dont have to say why but a good story would help things out.

I wish ya luck on that one.........
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Old 04-07-2009, 04:17 PM
 
Location: Outside Portsmouth, NH
128 posts, read 467,960 times
Reputation: 59
Quote:
Originally Posted by desertsun41 View Post
Oops. If you signed a contract with them for performing construction work, then changed your mind, they can sue you for specific performance. In other words they can get the court to make you go through with it.

But mostly that is not good because there is already bad blood between ya'll. Instead you will have to show your best charm, show some clevage and talk real nice by saying you changed your mind. You dont have to say why but a good story would help things out.

I wish ya luck on that one.........
I haven't signed anything yet. But I'll buy a few low-cut tops just in case.
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Old 04-07-2009, 06:00 PM
 
1,830 posts, read 5,349,571 times
Reputation: 1991
Quote:
Originally Posted by desertsun41 View Post
Oops. If you signed a contract with them for performing construction work, then changed your mind, they can sue you for specific performance. In other words they can get the court to make you go through with it.
That is incorrect legal advice. Specific performance is an equitable remedy for breach of contract available only when the subject of the contract is so unique that money damages will not suffice. (such as the purchase of land or original art... the buyer can force the conveyance, not the seller) The contractor cannot force his services on the homeowner. He can, however, sue for monetary damages (expenses incurred and lost profit) if the homeowner breaches, unless the contract states otherwise.
Use a licensed contractor and don't sign anything you don't understand.
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Old 04-07-2009, 07:22 PM
 
48,502 posts, read 96,838,702 times
Reputation: 18304
Can't you go to your city offices and ask about registered contractors that are bonded and insured. If a contractor can't give you a bid on what you want;he is probably a jacklegg as they are called. I never would sign without a firm contract;references.Also be leary of anyone who wants the money all upo front. Check witht eh BB also for compalints.
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Old 04-07-2009, 07:28 PM
 
Location: Grosse Ile Michigan
30,708 posts, read 79,793,239 times
Reputation: 39453
If your contract says that he is to start on Day X and he does not show up on Day X then he has breached the contract and you can terminate him. Make sure that your contract says that time is of the essence (most do). You can even write that on the contract before it is signed. It is only fair to tell him that if he fails to show up and to work continuously, you will fire him. Tell him that. Write it int he contract. He may ask what if I get sick? You answer, "If you get ill, I should not have to bear additional costs and should be able to replace you. Sorry."

Remember, delay costs you money. Sometimes lots and lots of money.

If you terminate the contract without good reason (i.e. you changed your mind), he can sue for the profit that he would have made, if he can show that he would have made profit. You may also have to pay for any mkaterials that he bought specifically for your proejct,but since he has to give you those materials, you can use them with the replacement contractor. Usually this amount is not enough to sue over. If you pay a deposit and later change your mind, they will keep the deposit. Usually the deposit is not enough to be worht suing over.
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Old 04-07-2009, 07:37 PM
 
Location: Houston, Texas
10,447 posts, read 49,653,116 times
Reputation: 10615
Quote:
Originally Posted by hcgCali View Post
That is incorrect legal advice. Specific performance is an equitable remedy for breach of contract available only when the subject of the contract is so unique that money damages will not suffice. (such as the purchase of land or original art... the buyer can force the conveyance, not the seller) The contractor cannot force his services on the homeowner. He can, however, sue for monetary damages (expenses incurred and lost profit) if the homeowner breaches, unless the contract states otherwise.
Use a licensed contractor and don't sign anything you don't understand.
I sure hope you are a liar.....oops I mean Lawyer because I say you are wrong but dont know where or care to look up the facts.

Where is my friend Driller1 ? She would know the answer to this I'm pretty sure.

Last edited by desertsun41; 04-07-2009 at 07:38 PM.. Reason: s
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