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Customer refused to let us finish - which parts can we ask for?

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misha326

Junior Member
State: Missouri (was told this should be posted here)

The company was asked to leave a property before work was completed. Can we get paid for the parts of the contract that were completed or a percentage of the completed items?

This is a crazy story of a crazy woman who actually admitted that NONE of the people she hires for services stay through to completion. She didn't tell us it was because she runs them off We believe that the company was asked to leave before completion because the property owner was angry that the company owner was not on the job site every day. She had called to request that he come to the job site or she would not pay for any additional services (including the ones we had already completed). Of course, the owner cannot just drop everything and show up on her whim; however, he did eventually get to the job site to talk to her at which point she told him to not bother finishing the work and to leave her property (without a cent of course).

Originally she had scheduled us to fix a fieldstone walkway and renovate a few bedding areas. Over the course of 2 months, she added on several projects (including a full irrigation system). She expected that we complete everything at once and ignore all of our previously scheduled customers. In order to do this, we hired on additional laborers to get her work done so that we didn't have to continue to push the rest of our clients back on the schedule. She even joked that she could keep us there all summer if we wanted.

Most of our contracts are written in pieces so that when part A is done, we get x% of the total bill then the same for part B and part C etcetera. This way, we have income throughout the contracted work. However, because she kept adding on to her contract, the completion dates kept getting further away. She was more than happy to give partial payments in the beginning (as specified for each individual completion); however, we were unable to collect on the final balances because the contract as a whole was not done.

After we began to lose money on the job, we pulled most of our crew to start completing projects which we had pushed off. We did leave crew at her home to continue working. She apparently became upset with the fact that most of the crew was gone and this is when she began to demand that the owner come actually work on her yeard again. When he was unable to be there at her demand, she told us that she was not going to pay another penny until he came to the job site. Upon his arrival, the company was in essence, fired and asked to leave the property with uncompleted work and no more pay (not even for the parts that had been completed).

We had an unbiased/uninvolved employee call the customer and try to make ammends so that we could at least complete the work she was complaining about and be paid so that we could hopefully recoup some of our losses; however, she stated that if anyone set foot back there, she would have them arrested for trespassing. So, obviously, she was not willing to allow us to complete our part of the contract.

This should be a breach on her part; however, do we have a case to be paid for completed parts when the contract in the entirity was not yet completed? We only want to recoup the percent of completion and if we're not entitled to anything that wasn't 100% completed, then we'd like to at least be paid for the parts of the contract that were 100%.
The amount still due is about $5700 when the partial percentages are included. What parts can we legally ask for?

Here is an example of how our "contract" works. It starts as a proposal and when signed, becomes contract:

FOR EXAMPLE:
*Install 30' x 1' wall 1 block deep along driveway---------------------------------------------$1207.32
*Install 5 dump truck loads of topsoil and spread evenly-------------------------------------$1738.42
*Install 2 Boxwood, 4 Hydrangea and 2 Liriope in bedding area by dock--------------------$ 768.14
We propose hereby to furnish material and labor complete in accordance with above specifications for the sum of:
Three thousand, seven hundred and thirteen and 88/100 dollars. ($3713.88)
Payment to be made as follows:
Due upon start of work----------------------------------------------------------------------------$1500.00
Due upon delivery of topsoil-----------------------------------------------------------------------$1250.00
Due upon completion of work---------------------------------------------------------------------$ 963.88

***
Now, let's say for example that we completed everything except for planting 2 Liriope
(from the final item so it's 87% done) and she has only made the first payment upon start and the second payment upon delivery of the topsoil. Technically the work is not "completed". So can we sue for the full balance due of 963.88 minus the percentage not completed (13% or $100 worth), or can we only collect on the first two lines since they were the only parts completed in full? Making either the $863.88 or $195.74 due.

Just as an aside, we do state on the contract that:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be done only upon a written change order. The costs will become an extra charge over and above the estimate. All elements of this agreement are contingent upon strikes, accidents or delays beyond our control. This estimate does not include material price increses or additional labor and materials which may be required should unforeseen problems arise after the work has started.

***
 


justalayman

Senior Member
without reading that whole thing, the simple answer is;

you would be entitled to the value of whatever work was already performed (that would be actual value, not merely cost. You are entitled to your profit on the work performed) along with the value of any materials used as well as anything that was special ordered for the job that you cannot return.

Unless there were finish dates or a required number of employees, incuding anybody specific, you may be able to sue for more due to her breach and your loss of profit but that gets into a much greater argument and you seem content with simply getting what you truly deserve.
 

misha326

Junior Member
Thank you, that covers what I was wondering about. And yes, we won't even come close to recovering what we lost but we simply can't afford the expenses that a regular case would accumulate. We're just hoping to recoup what's fair for the work we were allowed to complete. Thanks again!
 

moburkes

Senior Member
Why did you delete your original thread?
Dear moburkes,

misha326 has just replied to a thread you have subscribed to entitled - Customer wouldn't let us finish...Can we get paid for partial contract? - in the Small Claims Courts forum of FreeAdvice Forums.

This thread is located at:
https://forum.freeadvice.com/showthread.php?t=381140&goto=newpost

Here is the message that has just been posted:
***************
Because the contract "as a whole" was not completed?

Here is an example of how our "contract" works. It starts as a proposal and when signed, becomes contract:

FOR EXAMPLE:
*Install 30' x 1' wall 1 block deep along driveway**********************************************************************.$1207.32
*Install 5 dump truck loads of topsoil and spread evenly******************************************.....$1738.42
*Install 2 Boxwood, 4 Hydrangea and 2 Liriope in bedding area by dock....$ 768.14
We propose hereby to furnish material and labor complete in accordance with above specifications for the sum of:
Three thousand, seven hundred and thirteen and 88/100 dollars. ($3713.88)
Payment to be made as follows:
Due upon start of work********************************************************************************************************************************************...$1500.00
Due upon delivery of topsoil******************************************************************************************************************************...$1250.00
Due upon completion of work******************************************************************************************************************************.$ 963.88

***
Now, let's say for example that we completed everything except for planting 2 Liriope
(from the final item so it's 87% done) and she has only made the first payment upon start and the second payment upon delivery of the topsoil. Technically the work is not "completed". So can we sue for the full balance due of 963.88 minus the percentage not completed (13% or $100 worth), or can we only collect on the first two lines since they were the only parts completed in full? Making either the $863.88 or $195.74 due.

Just as an aside, we do state on the contract that:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be done only upon a written change order. The costs will become an extra charge over and above the estimate. All elements of this agreement are contingent upon strikes, accidents or delays beyond our control. This estimate does not include material price increses or additional labor and materials which may be required should unforeseen problems arise after the work has started.
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