I recently hired a small construction/design company to do some small living room remodeling for me. This involved putting up drywall and painting. They said they would be done in 3 days, and they were. The problem was the work was done very sloppy. There are "tape" lines visible in the wall, paint on our carpet, coffee tables, and brand new $800 fireplace. We called the owner, and he gave us alot of attitude on the phone, but sent the guy back out to correct everything. He came back out, but could not get all of the paint off the fireplace, and the tape lines are still there, as well as new "puddy" marks where he tried covering up other things. I don't want them coming back out, cause who knows what they'll do next, do I have to keep giving them the opprotunity to fix it, or can I just tell them to get lost? We have a contract that he signed, but he never had me sign it, and it says "payment due upon completion", but it is not complete. Can I stiff them?
2006-12-14 10:09:23 · 7 answers · asked by Ricky M 2 in Home & Garden ➔ Decorating & Remodeling
Payment is due when you consider it "completed". Let them know you are not paying until it is satisfactory
2006-12-14 10:22:04 · answer #1 · answered by Mike M. 5 · 1⤊ 0⤋
No, a regular employee can't be paid as an independent contractor. But from your description of your situation, it's not clear which you are. OK, he finds the jobs and sets the rules on how to build the items. But are you paid hourly, or by the total job? Does he set your hours, or do you as long as you meet the deadlines? If you are paid hourly, and he sets your daily workhours, maybe says that you must work 8-5, you're an employee, othewise you are probably correctly classified as an independent contractor.
2016-03-13 07:00:47 · answer #2 · answered by Irene 2 · 0⤊ 0⤋
Well no you can't. They will take you to court to get their money.
Take a roll of pictures, clear pictures that show the damage. Plenty of them. Have all of your paperwork together. Prepare a time line of the entire thing.
You will have to pay them, but if it goes to court, a judge may give them less.
Oh Yes, get estimates from someone else on what it will take to have this all corrected. Get 2 estimates if at all possible.
Then a Judge would know what to deduct from their bill so you can get it repaired.
Take the receipts for the fireplace to, to show the age of it and pictures for the damage done.
Get an estimate on what it will take to clean or replace the carpet. Have you had it steam cleaned by a professional to try to fix it? Keep your receipt if you do. This will show you are trying to solve the problem.
After you get the estimates for the corrections
Offer to pay them minus that amount. So you will have it over with.
Good Luck.
2006-12-14 10:59:12 · answer #3 · answered by ? 7 · 0⤊ 0⤋
You must pay depending on state law my state
says you must pay then you can get work finished from another contractor and take them to small claims for what you pay someone else ,take pictures first of the work though
next time get plenty of references he can put liens on the house and you wont be able to sell or refi, liens usually last only 7 years but judge can extend if work is done then you have to pay
they may say its to the best of their ability and you dont have a leg to stand on
2006-12-14 10:29:28 · answer #4 · answered by jdebord1976 3 · 0⤊ 0⤋
I'd seek to settle with him for less. He does have material costs involved and what is "Sloppy" to you may be OK to others. Try to settle short and get a good experienced contractor.
2006-12-14 10:19:56 · answer #5 · answered by Jim7368 3 · 0⤊ 0⤋
you have a verbal contract..you have witnesses...that the work was done.
yes keep him coming out even if he has to rerock the wall.He is due his money but you have a right to excellence. Contact a lawyer and sink a ton of money into a lawsuit or pay him..your only two choices...but you are legally bound to pay the labor.......
It doesn't matter whether you signed the contract...the one you hired signed it promising to do it in 3 days . It was done in 3 days.
2006-12-14 10:24:57 · answer #6 · answered by debbie2243 7 · 0⤊ 0⤋
PLEASE DONT THINK THAT U ARE GOING TO STIFF HIM. 1) U STILL WILL NOT BE SATISFIED AND WILL HAVE TO GET SOMEONE ELSE TO CORRECT 2) SEND THE BOSS A CERTIFIED LETTER AND HAVE HIM ONLY VISIT TO SEE AND GIVE HIM A DEADLINE TO DO THAT (3 DAYS) AND A REASONABLE TIME TO CORRECT (7 DAYS) IF HE DOES NEITHER OF THESE AND IS AWARE OF THE PROBLEMS, DO NOT PAY AND GET SOMEONE ELSE TO FIX. DO NOT ARGUE, AND HE DOES ASK THEM TO LEAVE IF NOT CALL POLICE AND MOVE ON. GOOD LUCK. DO NOT OFFER ANYTHING TO GET HIM OUT OF YOUR LIFE BECAUSE THAT IS HIS PROFIT AND HE WOULD LOVE A LITTLE INSTEAD OF STIFFING U FOR A LOT. GOOD LUCK AND GOD BLESS
2006-12-14 10:59:26 · answer #7 · answered by john t 4 · 0⤊ 0⤋
it will cost u more 2 hire someone else 2 do the job
try 2 b a good person he's got u
u probably paid him more than the job is worth. try 2 settle with him. contact me if need 2
2006-12-14 22:52:23 · answer #8 · answered by kojackremodeling 1 · 0⤊ 0⤋