Is it proper to change the price mid stream if a drywaller quoted me prior to job and I bought all the mat.?

Question

1000 sq ft in an old farmhouse. Nothing in writing. priced me at 700, then said after first day he measured wrong. Then bought material needed himself, after I agreed to pay for all materials- and did for original purchase.

Answer 1

is his name Dennis by any chance?
I had a guy do this to me- he was a con man. He took things back that I bought and kept the money, then told me I needed other things, and over charged me. I took all his receipts and he charged me for things he returned, like a shower, and then charged me again for a new one- I found him off by 1000 dollars, and told him the price just got re adjusted- he left town with no forwarding address.

Answer 2

Yes, no contract means he can change the price. A contract is binding both ways, he would not be able to do that if a contract existed. He should not be in this business if he cannot measure - his errors do not become your burdon.
Lacking a contract means nothing you talked over with him is binding. The lack of a binding contract though, applies both ways. " It is bad business practice to work without a contract" because in court he cannot enforce anything you both agreed on, or any changes he made to that agreement. In fact, he is not even contracted to do the job or anything connected to that work.
He wants to play this way then you can play him too. Let him finish and then tell him to take you to small claims to collect his money. you will get off a lot cheaper than was even quoted. You will be paying specific rates for his time and materials - he may not even collect on his time (not sure on this). But you will definitely not pay for any increase or full price because it is not enforcable. Tell them you had a verbal- but the moment he increased the price that agreement was broke so no agreement existed beyond that point, and no contract exist either so he cannot collect on any amount because there is no " meeting of the minds." once an agreement is broke - there was never no agreement or contact either written, verbal or implied, as far as the law is concerned.
Hahaha he wont pull that again I'll bet !!

You might be liable only for materials actually used and remaining there.
He works without a contract thinking he can scam people - that is why the low quote to get the job then he jacks up the price when he thinks you have no choice.
But he don't realize the very thing that works for him, can also work for you. No contract means no agreement ever existed, the law cannot enforce any of its terms since it did not exist. If it did exist he could not use the law to enforce it because he broke it when he modified the terms.

Answer 3

If you already bought the materials and you had discussed this ahead of time, no way should you now have to pay for the materials he chose to buy. You'd be financing his next job basically because what will you do with drywall you don't need? Sounds shady to me. But then again (no offense to honest contractors), that is NOT uncommon. I would agree to the additional costs if he truly DID measure wrong, but nothing else. Did you get other quotes? If so, surely they gave you written quotes which included figures. Use those figures to compare to his figures. They might vary by a small amount, but should be roughly the same. If you can't come to an agreement, I'd talk to at least 3 other drywall contractors until you find one that is agreeable, then fire the shady guy , but make sure to get your new bids in writing! Good luck.

Answer 4

Measure it yourself and see if it really does come to more than 1000 sq. ft. the math is easy- length of wall X height of wall = square feet. Ceilings are easy, too length of room X width.

When he gave you the labor price, did he know that you would be buying the drywall yourself? legitimate tradesmen figure in profit on materials they supply - something they are entitled to if they are buying the stuff in advance or even picking it up at their own expense. When I was in business, i relied in a reasonable mark up on parts so i could lower the hourly rate to a reasonable level.

Customers who want to supply their own parts have long been making garage owners nuts.

I just bring this up as a possibility. If I'm right, he should have told you up front that the hourly rate has to increase if you bought the drywall.

Either way, he doesn't come off looking very good here. If he isn't dishonest, then he's too dumb to measure for drywall. Are you sure you want this guy working in your house?

Answer 5

Depends on how far off the 1000 square feet he was and how much he bought. If you told him you would buy the materials, and did, he shouldn't need too much more. You probably know that he bought at a discount and is charging you retail price. I would not foot the bill for a massive overcharge.

Answer 6

This is really a simple math question. The contractor could be a crook, but he might also be honest, just not the sharpest knife in the drawer. How much sheetrock is necessary for the job is the answerable question?

If he, or you, miss measured the job, if you do not agree on how to straighten it out between you, when and if it gets to court, assuming you will get a fair judge, the court should determine: "What is a reasonable value for the services performed?" In other words, he cannot change the price in the middle of the job just to make more than he should have, and you should have to pay for everything you get, and not get something extra for nothing.

Most honest contractors avoid mistakes as much as possible, and then put everything in writing to avoid misunderstandings. Others are "good ol' boys" that know how to perform the job, they just do not understand the business side of the trade, end up making adjustments, and expect to be paid for the extra work.

Think fairness. For example, if he bid to install 6400 square feet of sheetrock for a fixed price, and you agreed to pay that price, but the actual job ended up measuring 7400 square feet, since the contract said "only" 6400 square feet, you would have to pay for the additional 1000 square feet of materials and labor, if you wanted him to finish.

Similarly, if the actual job ended up being only 6000 square feet, then you would be entitled to a refund or discount.

Again, think fair. The actual job can be measures to determine exactly how many sheets it takes (or took), and then go from there. In addition, you should not have to pay more than "your cost" for materials for the extra, if it was needed, and you would have to pay for the extra labor.

The labor would be easy. You agreed to pay a fixed amount for installing the original quantity of sheetrock. Divide the amount by the number of sheets to arrive at the price per sheet you agreed to pay. Add that amount to the extra needed labor for installation of any additional sheets. (Alternatively, subtract it if less was needed)

There is one more important thing to keep in mind. If you end up in court, you need to appear to be the one that was reasonable, agreeable to pay a reasonable value for the services and materials you received, even if that value was more than you originally agreed to pay. Begin to communicate in writing, so any evidence of your actions now can be supported with documents when you get to court. It will add to your credibility. If you do go to court, you need to act as if all you ever wanted to do was the fair and right thing, not get something for less than it should cost.

Next time get a "fixed price to complete the job, whatever it takes" to avoid this problem. That kind of "turn-key" contract is usually much higher, but it avoids the hassle of "extras". If you want to avoid the hassle, you have to pay for it.

Answer 7

Your 1st mistake was not getting at least a written quote. Now it's just your word against his, & if he's started the work then he can at least prove his intention to honour a verbal contract.

If I were you at this point (& I wouldn't be if it were me) I would accept my mistake of not getting anything in writing, & tell your drywaller that he can finish the job based on his new quote if he agrees to put it in writing. Otherwise you leave yourself open to any new hidden charges that he can conjure up between now & the day he actually finishes.

Answer 8

If he has not done 10% yet maybe. But the most he should be off is 10-15% . Go to home depot .com they have a calculator for materials. enter the info and it should be close to what you need

Answer 9

I would say no, not unless something unexpected came up after he started the job. Some advice to everyone, always get it in writing no matter how small the job. This guy sounds shady to me. You might consider finding someone else.

Answer 10

Stop the deal! You haven't been taken to the cleaners until you give him a check. Take time to type up a contract for the work....if he signs, it can happen.