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Anyone ever had their GC ask for a new contract?

kitchenconfidential2

14 years ago

My GC workers damaged my siding, and his electricians left wires hanging in my doorway leading to the garage. When I pointed this out to him, he denied it. I cannot wait to get through working with him. I am almost afraid to let him finish the backsplash. Don't know what to do.

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Comments (9)

User
14 years ago
your psot makes little sense, want to clarify what is happening besides shoddy work?
littleorphananniemom
14 years ago
Maybe it's time to kick the bums out. Forget a new contract if they are bums.
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^ That still puts it on the owner to release the money, solely at their discretion. So the owner can refuse to pay for any little trivial reason at all. Like one stud that starts to warp slightly after the rain, or what have you. Or the owner could be out of contact for some emergency, or on the verge of divorce, or squished in an accident on the freeway-- anything can happen. If I were working on that framing crew, under those circumstances, I'd be worried about getting stiffed. Remember these are often pretty undercapitalized businesses, and workers who don't have much, if any, savings. For some, if they don't get paid, they have trouble making the truck payment, rent, or child support. That's a major reason why they work multiple jobs at once, since a schedule can get shifted or entirely derailed for a myriad of reasons. At any rate, a good contract spreads the risk among all the parties, so no one bears too much or too little risk. In this case, someone needs to spell out not only the pay schedule, but what "completed" means, in detail. This part, especially, gives me the heebie jeebies, as it is so very vague and subject to individual interpretation: "The contract doesn't specify how the percentage of work completed will be calculated. This SEEMS okay - I think that we can both tell much how work is completed versus how much is left, but is it okay?" A lawyer is going to approach this issue using boilerplate "trigger words" that have a wealth of case law and precedent behind them, such as "substantially complete," and "in a workmanlike manner." If you really want to dive into this topic, read the AIA boilerplate contract docs as a backgrounder, it will give you a decent understanding of the big issues. But do hire a lawyer. And make sure you have a plan in case you die during the job, not just life insurance, but someone knowledgeable who can jump in and write checks without too much delay.
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Circus Peanut
14 years ago
I'm not sure where in the process the new contract comes in, but I sure wouldn't renew or add a contract with someone you're dying to get rid of. For a backsplash in particular, you might well want a real tiler and not a general guy, eh? Esp. if that general guy can't even do general stuff well?
kitchenconfidential2
Original Author
14 years ago
The original contract in my opinion says he is responsible for setting up the electrical work and bringing in the electrician. He says not so, and has been charging me extras for this - which I have been paying. His work seems to be okay - in fact, in the first week it was very good - but then he started charging for all these extras that I felt were in the contract. I asked him last week to sign an agreement saying all workers are paid to date; he does not want to do so. He believes the contract reads a different way re electrical. Now I just found out a few minutes ago the electrician he hired is not licensed - so I will have to bring in a licensed electrician to look over his electrician's work. He says since we disagree on this point and even though I have paid every penny he has requested, he has a "feeling" I will hold out on the last payment, and so he will not do the work until we sign a new contract. So my backsplash is left there waiting.

I can walk away now, and be left with no backsplash, all outlets are dangling from wall, dimmers not installed, baseboard on island not installed. Cell drawer work not completed. He was supposed to snake the wire up but now that the stone is in, the stone will have to be removed. Island counter does not have support, corbels need to be installed, a shelf was supposed to be installed. Siding gashed out, electrical wires dangling in garage, baseboard covers in dining room exposed. So I just don't know what to do. He is willing to walk away and give up 2000 but I believe my cost to fix these things is more than 2000, plus I lost the money I paid for all those extras that were in fact part of the contract.

This is what my contract said:

"The following had no check marks but are included. If not, please let us know.
New lighting switches for kitchen area
8-9 recessed lights (3 way at entrances)
1 cabinet glass door cabinet lighting - 2 puck lights and switch
Pendent lights hanging over island (will supply )
Switch for pendant lights
GFI outlets as needed
Phone jack and outlet Phone is on wall now.

This part had a caveat saying (some of this portion below will require electrician) Countertop, island, stove, dishwasher, oven hood, microwave and refrigerator outlets
Some are there now. If needed by code, designated lines Note: will require 120 V electrical wiring by electrician .)
Dimmers for all lighting )

Prepare walls and trims for painting, fill in all nail holes on trim and casements trim .
littleorphananniemom
14 years ago
If the bum is dishonest, he will try to screw you any way he can. It will be far better to get rid of them now than to try to make dishonest contractors honest. It can't be done.
weissman
14 years ago
Unless you want to get a lawyer involved which doesn't seem worth it for the amount involved, I would be happy to let him walk away. I definitely would not sign a new contract with him. Even if it costs you more than the $2000 you still owe him, you're probably much better off getting licensed professionals to finish the work. Just make sure to send him a registered letter indicating that you are mutually terminating the contract so he doesn't try to place a lien on your house for the remaining money.
keptoz
14 years ago
What state are you in? Here in Pennsylvania, the Attorney General has really been cracking down on GCs, starting with language required in contracts.
kitchenconfidential2
Original Author
14 years ago
I am in CT. Does the contract seem clear to you as to what electrical work is his and which is the electrician?
sue36
14 years ago
Based on the information you provided, I do not think it is clear (and I am a contracts attorney). It is very poorly written, if written exactly are you provided. It seems chopped up. One line says things "are included", which makes one think those items are included. But for the items where it says an electrician is required, that implies that there will be an extra charge, or it would just say "included". Of course, the contract may have other things in it that clarify or confuse the situation further. You can't just read one or two lines, you need to read the entire document.

Did you use a lawyer when the agreement was drafted? If not, I would have someone review it now. I don't know about CT, but many states have minimum contract requirements and can impose penalties on contractors who do not comply (keptoz mentioned PA, Maine has similiar requirements, as does Mass.). You can research this yourself, probably on the AG's website, possibly under "consumer protection".

DO NOT send him a letter, email, etc. terminating the agreement. The last thing you want is to give him an out if there are things in their to your advantage. Unless you are prepared to negotiate this yourself you really need help.

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