client won't pay

[luckypup]

What is the name of your state? NH

After we finished doing some work, the client inspected and ok'd, asked for invoice. Later, he wrote and claims work was not done "satisfactorily, there are problems...." but does not specify the problems and refuses to speak to us. He also wrote that he will be hiring outside contractors to fix the "problems" and deduct the bills from our invoice.

If a building contractor's contract guarantees work to be done "in a workmanship manner":
1) Who determines what is "workmanship quality"?
2) "What are the contractor's rights to inspect and cure?

Your time to answer is very much appreciated!

 

[HomeGuru]

What is the name of your state? NH

After we finished doing some work, the client inspected and ok'd, asked for invoice. Later, he wrote and claims work was not done "satisfactorily, there are problems...." but does not specify the problems and refuses to speak to us. He also wrote that he will be hiring outside contractors to fix the "problems" and deduct the bills from our invoice.

If a building contractor's contract guarantees work to be done "in a workmanship manner":
1) Who determines what is "workmanship quality"?
2) "What are the contractor's rights to inspect and cure?

Your time to answer is very much appreciated!

**A: please post to your initial thread by going back to that thread and using the post reply feature. Do not start a new thread to continue dialogue on an existing thread.

 

[luckypup]

to home guru

Hi.

I posted this message (i made a few changes....) on the section "Contracts", and you asked me to post in the real estate-construction area. I'm not sure what you are asking me.

 

[HomeGuru]

Re: to home guru

Hi.

I posted this message (i made a few changes....) on the section "Contracts", and you asked me to post in the real estate-construction area. I'm not sure what you are asking me.

**A: sorry, I got confused.

 

[HomeGuru]

What is the name of your state? NH

After we finished doing some work, the client inspected and ok'd, asked for invoice. Later, he wrote and claims work was not done "satisfactorily, there are problems...." but does not specify the problems and refuses to speak to us. He also wrote that he will be hiring outside contractors to fix the "problems" and deduct the bills from our invoice.

If a building contractor's contract guarantees work to be done "in a workmanship manner":
1) Who determines what is "workmanship quality"?

**A: both parties ( home owner and contractor), the project architect, building specifications, construction industry standards and building manufacturers installation guidelines etc.
******

2) "What are the contractor's rights to inspect and cure?

**A: it should be written in the construction copntract and also follow state contractor's licensing and consumer protection guidelines.
********

Your time to answer is very much appreciated!

**A: hope this helps and I apologize for the thread mixup on my part.

 

[lwpat]

You need to get familar with the lein laws in your state and not let the time limit for filing expire. It sounds like you are new in the construction business so I would advise you to seek professional advice.

I would also put the owner on notice CRRR that you are requesting to be notified of any defects in workmanship and the opportunity to make any corrections or repairs.

 

[luckypup]

to LWPAT

Thanks!

 

[luckypup]

spoliation

Hello Home Guru and all.

Posted before as "client won't pay".

Client has written and says he has begun to hire outside contractors to redo portions of our work, not allowing us any access to our job. His claims are very minor defects, if at all.

I have filed in small claims but feel at a disadvantage because I can not take photos of job or have a contractor testify on my behalf (he says he has photos and contractor testimony of his own...) Before filing, I wrote and proposed having an independent third-party meet with him and me to inspect work. He ignored this.

Questions are:

1. By altering my work, is this spoliation?
2. Any suggestions how I can prepare my case to demonstrate that work was done correctly??

Thanks again!

 

[HomeGuru]

What does your contract state regarding defective workmanship?

 

[luckypup]

spoliation

What does your contract state regarding defective workmanship?

...nothing. We have a very simple contract that only guarantees work to be done in workmanship manner. That was why I suggested an independent third party to meet with the homeowner and me onsite....

 

[HomeGuru]

How much are we talking about?

 

[luckypup]

around $3000.

 

[HomeGuru]

around $3000.

**A: then take the client to small claims court and request payment for services rendered.

 

[lwpat]

You need to respond to his letter immediately CRRR. State that you are prepared to make any necessary repairs and will be on site next Thursday at (time), this will give him time to get the letter, for an inspection of the problems. Be sure to state that the only reason you have not corrected any defects is that you have been refused access to the project and a listing of the alleged defects.

State that if he is not satisfied with your work that you are willing to hire a third party inspector and third party contractor to correct any items that are not in accordance with industry standards. Be sure to use the term "industry standards".

In the meantime drive by the project to see if any other contractors are working and get their information so you can contact them for a statement. You can suponea their testimony.

Show up on Thursday and take an inspector with you, someone that has experience and can testify as an expert in court. Your local homebuilder's association can help you locate someone. If you are going to stay in the business I strongly suggest that you join an association and take some classes.

It takes more to stay in business these days than just the ability to do the work. A good business advice site is

http://www.gosmallbiz.com

run by Fran Tarkenton. Much of the site is free and you can pay for access to consultants. I use it extensively in my GC business. If you want to join the paid side email me and I can get you a better rate than what is on the website.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

 

[HomeGuru]

You need to respond to his letter immediately CRRR. State that you are prepared to make any necessary repairs and will be on site next Thursday at (time), this will give him time to get the letter, for an inspection of the problems. Be sure to state that the only reason you have not corrected any defects is that you have been refused access to the project and a listing of the alleged defects.

State that if he is not satisfied with your work that you are willing to hire a third party inspector and third party contractor to correct any items that are not in accordance with industry standards. Be sure to use the term "industry standards".

In the meantime drive by the project to see if any other contractors are working and get their information so you can contact them for a statement. You can suponea their testimony.

Show up on Thursday and take an inspector with you, someone that has experience and can testify as an expert in court. Your local homebuilder's association can help you locate someone. If you are going to stay in the business I strongly suggest that you join an association and take some classes.

It takes more to stay in business these days than just the ability to do the work. A good business advice site is

http://www.gosmallbiz.com

run by Fran Tarkenton. Much of the site is free and you can pay for access to consultants. I use it extensively in my GC business. If you want to join the paid side email me and I can get you a better rate than what is on the website.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

**A: are you advertising that website on this website?