08-29-2008, 12:12 AM
Kathy,
Please don’t feel that I’m insulting you in my post but your complaints are post construction and most of them could have been alleviated if you took more time and effort before hiring a contractor. Most of what happened to you is your own fault, outside the verbal abuse, but that goes hand in hand with the type of contractor that you selected.
Because this “guy” is working under the loophole of $1,000 contracts I’m guessing he’s not incorporated, licensed or insured! Please correct me if I’m wrong but I didn’t see these requirements mentioned in your post.
I belong to a contractors association and we are currently working on licensing all contractors. But, as long as homeowners think they know better and think they are going to save a buck, these type of situations will continue to occur.
First, a reparable contractor (Financially sound) should never ask for money up front AND YOU SHOULD NEVER PAY IT. Unless of course you feel it prudent as a deposit to schedule the work. But I still say no way! If a contractor doesn’t have the funds to pay his staff and for the required materials for the project you don’t hire them. Cash payments have NO PLACE in contracted work.
Furthermore, it’s not a bid but a quote unless he was formally bidding against other contractors, which is the correct way to let a contract, no matter how small. The quote should be attached to the contract along with his certificate of insurance with you named as additional insured.
When he changed the terms of the contract by recommending additional/change in the route and requesting that more material then required in the quote, the red flag goes up and you stop the project until the parties have reached a consensus.
Lump sum is the way to go unless you have defined “terms and conditions” in the contract. It may cost a bit more because the contractor needs to cover items that he may not identify but it saves you time and the predicament you may experience if you leave out components of the project.
You should have taken pictures before the start of the project and had a sketch of what your anticipated project should look like when completed.
Now for the serious elements:
If a contractor is in not a Corporation, LLC or self-proprietor you can be sued easily in small claims courts. Without documentation to support your case, it becomes “he said she said”. GOOD LUCK
No license, no good. Licenses show a level of competence for contractors. In your case a Landscapers license would cover this type of construction. Check with the State licensing board, the BBB and a number of other organizations for complaints regarding any contractors.
No insurance, WOW. General liability, auto and workman’s comp are the very basic requirements a contractor should have before starting any project. Don’t let a contractor tell you that the project is to small for this requirement, it doesn’t cost them anything to provide you with this coverage. If the business is self-proprietor and he is the only employee he is not required to carry WC.
You’re not out of the woods on this either just because the project is complete. If this guy is the *$^@) you say he is he could very easily get hurt today and say it happened on your property during your project and you could be liable for medical bills and lost wages. This is a very big mistake and could cost you more then you think.
Since you don’t have a defined contract he could also place a mechanics lien on your property for non-payment. This lien would have to be satisfied before any sale of the property.
I could go on and on but I think you get the point.
I hope this information will help a few of you when contracting in the future.
"Many dreams come true and some have silver linings, I look for my dreams and a pocket full of gold" Led Zeppelin
Please don’t feel that I’m insulting you in my post but your complaints are post construction and most of them could have been alleviated if you took more time and effort before hiring a contractor. Most of what happened to you is your own fault, outside the verbal abuse, but that goes hand in hand with the type of contractor that you selected.
Because this “guy” is working under the loophole of $1,000 contracts I’m guessing he’s not incorporated, licensed or insured! Please correct me if I’m wrong but I didn’t see these requirements mentioned in your post.
I belong to a contractors association and we are currently working on licensing all contractors. But, as long as homeowners think they know better and think they are going to save a buck, these type of situations will continue to occur.
First, a reparable contractor (Financially sound) should never ask for money up front AND YOU SHOULD NEVER PAY IT. Unless of course you feel it prudent as a deposit to schedule the work. But I still say no way! If a contractor doesn’t have the funds to pay his staff and for the required materials for the project you don’t hire them. Cash payments have NO PLACE in contracted work.
Furthermore, it’s not a bid but a quote unless he was formally bidding against other contractors, which is the correct way to let a contract, no matter how small. The quote should be attached to the contract along with his certificate of insurance with you named as additional insured.
When he changed the terms of the contract by recommending additional/change in the route and requesting that more material then required in the quote, the red flag goes up and you stop the project until the parties have reached a consensus.
Lump sum is the way to go unless you have defined “terms and conditions” in the contract. It may cost a bit more because the contractor needs to cover items that he may not identify but it saves you time and the predicament you may experience if you leave out components of the project.
You should have taken pictures before the start of the project and had a sketch of what your anticipated project should look like when completed.
Now for the serious elements:
If a contractor is in not a Corporation, LLC or self-proprietor you can be sued easily in small claims courts. Without documentation to support your case, it becomes “he said she said”. GOOD LUCK
No license, no good. Licenses show a level of competence for contractors. In your case a Landscapers license would cover this type of construction. Check with the State licensing board, the BBB and a number of other organizations for complaints regarding any contractors.
No insurance, WOW. General liability, auto and workman’s comp are the very basic requirements a contractor should have before starting any project. Don’t let a contractor tell you that the project is to small for this requirement, it doesn’t cost them anything to provide you with this coverage. If the business is self-proprietor and he is the only employee he is not required to carry WC.
You’re not out of the woods on this either just because the project is complete. If this guy is the *$^@) you say he is he could very easily get hurt today and say it happened on your property during your project and you could be liable for medical bills and lost wages. This is a very big mistake and could cost you more then you think.
Since you don’t have a defined contract he could also place a mechanics lien on your property for non-payment. This lien would have to be satisfied before any sale of the property.
I could go on and on but I think you get the point.
I hope this information will help a few of you when contracting in the future.
"Many dreams come true and some have silver linings, I look for my dreams and a pocket full of gold" Led Zeppelin
If you think health care is expensive now, wait until you see what it cost when it’s free...now here come the taxes.....