Urgent: Current issue with contractors. need advice asap.

[toneaddiction]

What is the name of your state (only U.S. law)? Florida

Hi everyone. Glad to have found you, sad I have to at the same time .

4 Weeks ago today (monday) I hired 2 men/contractors to design/build my new recording studio. We had a fixed contract for X up front for materials and X upon completion for extra metrials/labor.

The contract was for 2 weeks. The verbal agreement was for 1 week. I asked for only one 'must have' at the beginning and it is also in the contract . "sound proofing" in other words, for the drum room to be sound proof for studio operation at a professional level. the contract also states the work is to be up to 'professional' standard and that the client (me) must "ok" the work upon completion.

Here's where the problems come in , ill keep it as short as possible. We are on week 4, the contract was for 2. The work is VERY sub par. There are unfinished doorways with sheetrock ends showing that was just painted over, you can see wall joints/sheetrock cement through the paint. walls are not straight and can be seen with visable eye to be crooked/way off....and the main and final issue ..... the drum room/studio is alot of thing's, however sound isolated/proofed is deffinately not one of them. drums can be heard outside with no prob. I realize that it will never be 'silent' 100% but a reasonable level , as to not bother others, is all that we are trying to accomplish.

One of the two contractors agreed to take the remaining part of the budget (aka, their labor $ pretty much) to fix their problems and make good on the contract . The other man is not happy and is making threats as to legal action (though I'm not sure what for in reality). My question is this , do I need to worry about him ? I would think his issues would be with his partner (and that in my opinion would be personal, not professional since the contract says the remaining money was for extra materials and labor) ... the work wasn't done properly per his Own decisions , therefore it should be made correct at the very LEAST out of the remaining budget i would think. Any help on what i can do in GENERAL here would be great. I feel like Im stuck between a rock and a hard place and the work i recieved is horrible. thank you SO much !!

scott

 

[OHRoadwarrior]

The problem is usually not so much what it says now, as what it does not say. For example, when a contract term is undefinable it is usually decided against the person writing the contract. Unless your deadlines have penalties for failure of the contractor to meet them, they are unenforceable. Define "professional" standard. Define "soundproofing". A painted wall with trim does not need to be straight as long as the lines are not visible.

 

[toneaddiction]

roadwarrior: thanks for the response. I assumed the prob would be that its a fairly simple/plain contract that just lists main points. As far as defining terms, I would think that the definition for any mediatior/attorney or judge would be desrcibed by general standards for the industry. (in regards to "sound proofing" and "professional standard") .

I guess where Im still a bit confused is this : i can live with some bad finishes, walls that arent straight and some of the little things with the work done....should I have to? Of course not! However, I am more than reasonable. What I clearly CANT deal with is the fact the main thing i asked for (an isolated or 'sound proofed') room, has not yet been met. As I said, I realize for our Budget we could not create a completely isolated/contained room, however, drums 15-20 yards away being heard outside is not going to cut it. I cant even run the 'business' that we just built with that occuring so i feel it more than reasonable to have it corrected. Short version of it.....they cut corners to save money when building the room, then assured me it would work, now at the end, it doesn't work.

question remains, one of the two men is willing to take the rest of the budget, eat the cost of labor and put it into making the build correct. the other man is not ok with that apparently. what should i do? (besides just call a lawyer. i will by all means do that if it comes to it, however i'd really just like to know what i can stick up for myself on and what not. Im trying to be very calm and reasonable, but feel ive been totally screwed .

 

[toneaddiction]

also, the contractors provided / created the contract. I only ok'd terms and signed. not sure if that helps. i know you said that it went against the person who wrote the contract if the terms were undefinable.

 

[toneaddiction]

??? no one?

 

[OHRoadwarrior]

I suggest at this point you determine the soundproofing material and level you wish. Figure the cost to buy it as an additional expense and attempt to get its installation for free.

 

[Sloop John D]

You have some important issues that it would be best to discuss with an attorney.

While I think it's obvious you have a breach of contract on your hands, the manner that you should handle it can vary depending on whether or not this would be considered a total breach or a minor breach.

It sounds like the contractors built the structure you requested, but they failed to create it to specifications. I'm thinking this would probably be considered a minor breach, in which case you still have to pay the other party, but you can deduct the cost of bringing the structure up to specifications identified in the contract. I don't see much problem with terms like "soundproofing" or "professional quality." I think a court can figure those out pretty easily.


But it sounds like you're paying them the same amount that you were supposed to under the contract anyway. I'm not sure what the disgruntled worker could sue you for because he received all the pay he was entitled to. He could try to throw something at you, but it seems doubtful that it would succeed, especially when his partner agreed to perform the work without additional pay.

Definitely get the contractor to write and sign a paper that says he's going to eat the labor costs to make necessary corrections.