What is the name of your state? WA.
Built a home with a GC who was a friend - mistake # 1.
We didn't do a written contract - oral only. Half-way through the project he "flaked out" on me (drugs).
I lost my warranty from him - I think. Plus I have issues with the house - namely a sloping floor in one hall-way.
During construction I paid him his monthly draw. He got audited by WA state - he wasn't paying his taxes - he paid these plus penaltys. He says I owe him taxes on the draws - about 8.8%. The law does say he is to bill customer. When I gave him his draws I assumed they were "final" and thus all taxes were included.
The house took about 10mos longer than promised to build. I was the GC for the last 10mos because he walked off the job. I claim he owes us for rent and interest plus some other incidentals. Plus he reneged on his promise to follow through and build us a complete house - loss of continuity. I look at the GC as more the a sub-contractor. The promise to stick with the project has value. If you were on site for one-half the project I don't believe one-half is owed (less the one-half is due).
As I said previously, we had no written contract. However, he did pull many of the permits in his name. Does this submit him to responsibility?
I am going to see an attorney. I wanted to put this out on the floor for input so when I do see an attorney I can ask pertinent question and have a little more knowledge.
Thank You,
GML
Built a home with a GC who was a friend - mistake # 1.
We didn't do a written contract - oral only. Half-way through the project he "flaked out" on me (drugs).
I lost my warranty from him - I think. Plus I have issues with the house - namely a sloping floor in one hall-way.
During construction I paid him his monthly draw. He got audited by WA state - he wasn't paying his taxes - he paid these plus penaltys. He says I owe him taxes on the draws - about 8.8%. The law does say he is to bill customer. When I gave him his draws I assumed they were "final" and thus all taxes were included.
The house took about 10mos longer than promised to build. I was the GC for the last 10mos because he walked off the job. I claim he owes us for rent and interest plus some other incidentals. Plus he reneged on his promise to follow through and build us a complete house - loss of continuity. I look at the GC as more the a sub-contractor. The promise to stick with the project has value. If you were on site for one-half the project I don't believe one-half is owed (less the one-half is due).
As I said previously, we had no written contract. However, he did pull many of the permits in his name. Does this submit him to responsibility?
I am going to see an attorney. I wanted to put this out on the floor for input so when I do see an attorney I can ask pertinent question and have a little more knowledge.
Thank You,
GML