Construction people in here please

sleek98

Well-Known Member
Established Member
Joined
Nov 19, 2012
Messages
2,168
Location
Kansas City, MO
Seems like you have two options, both are shitty.

1. Sue the company, your going to be fronting the cash for the lawyer. They may be on the hook for any additional costs over the original contract. No idea on timeline, could be 3-6 months could be 2+ years. While you are out the cash monthly to the lawyers. Even with a judgement, you start the next journey of trying to collect.

2. Realize you spent xxx amount of dollars to get what has already been done and find another contractor. What was the total cash you paid, you said 1/4 of the bill. How much work has already been done?
 

Zemedici

Well-Known Member
Established Member
Joined
Jan 7, 2013
Messages
21,223
Location
Atlanta, GA
Trust me man. I've definitely lost sleep over this.

Awful, man. My condolences.

Makes me think twice about updating my place

I would try like hell to have the original contractor finish the job, be the ‘easiest’ solution.

imo easiest and cheapest aren’t the same, i can’t imagine 5 months without a kitchen, my wife would have a come apart after 2 weeks
 

Adower

Well-Known Member
Established Member
Joined
Sep 3, 2005
Messages
2,799
Location
SAC
Seems like you have two options, both are shitty.

1. Sue the company, your going to be fronting the cash for the lawyer. They may be on the hook for any additional costs over the original contract. No idea on timeline, could be 3-6 months could be 2+ years. While you are out the cash monthly to the lawyers. Even with a judgement, you start the next journey of trying to collect.

2. Realize you spent xxx amount of dollars to get what has already been done and find another contractor. What was the total cash you paid, you said 1/4 of the bill. How much work has already been done?
So far 1/4 of the bill has been paid. But they've completed probably 1/2 of the work.
 

Zemedici

Well-Known Member
Established Member
Joined
Jan 7, 2013
Messages
21,223
Location
Atlanta, GA
So far 1/4 of the bill has been paid. But they've completed probably 1/2 of the work.

Sounds like youre ahead, and they have no intention of finishing the job,

I’d try everything to have the original GC finish 50% of the job for remaining 75% of pay, right in his pocket

Maybe slip a lil Gluck Gluck in their nahmean?
 

Adower

Well-Known Member
Established Member
Joined
Sep 3, 2005
Messages
2,799
Location
SAC
What's left to finish?

Contract the rest out yourself to individual trades.
Custom cabinets, tile (floor and back splash), range hood install, pocket doors install, install a exterior door, countertops, sink, all appliances, then all the finish work.
 

Adower

Well-Known Member
Established Member
Joined
Sep 3, 2005
Messages
2,799
Location
SAC
Sounds like youre ahead, and they have no intention of finishing the job,

I’d try everything to have the original GC finish 50% of the job for remaining 75% of pay, right in his pocket

Maybe slip a lil Gluck Gluck in their nahmean?

Not only do they have no intention. They dont even have a crew they can send here to do it if they wanted to.

We are ahead but the original GC told me most of his guys all picked up other jobs. So right now, he isn't sure when they would be available. He also said that legally since the contract is still under the larger company he isnt supposed to be on the property working.
 
Last edited:

Zemedici

Well-Known Member
Established Member
Joined
Jan 7, 2013
Messages
21,223
Location
Atlanta, GA
Not only do they have no intention. They dont even have a crew they can send here to do it if they wanted to.

We are ahead but the original GC told me most of his guys all picked up other jobs. So right now, he isn't sure when they would be available. He also said that legally since the contract is still under the larger company he isnt supposed to be on the property working.


Oh god, plot thickens

But aren’t they essentially breaking the contract?
 

Zemedici

Well-Known Member
Established Member
Joined
Jan 7, 2013
Messages
21,223
Location
Atlanta, GA
Yes, I would say so but I'm not a legal expert at all.

I guess the reason i wonder is if Lowe’s has no interest in fulfilling the contract they’re surely not gonna give a **** about someone else doing it, right?

How would they even know?
 

tistan

Well-Known Member
Established Member
Joined
Feb 20, 2005
Messages
5,976
Location
savannah
Managing it myself as in doing the work? If so, 0 chance lol.
Not doing the work, just finding the people to do the work. I assume you are at demo stage and have not progressed beyond that? Did they give you a set of plans?
 

ford fanatic

Four Eyed Freak
Established Member
Joined
Oct 1, 2006
Messages
3,658
Location
Darlington, Md
Not doing the work, just finding the people to do the work. I assume you are at demo stage and have not progressed beyond that? Did they give you a set of plans?
This was my suggestion above also, sub'ing out the rest himself. Sounds like demo is done, but he has a long way to go.
 

mariusvt

Well-Known Member
Established Member
Joined
Feb 16, 2014
Messages
731
Location
PA
Sounds like they want you to terminate the contract to absolve them of liability, I'd also make sure there's no poison pill for you about still owing them X portion of the job cost if you terminate the contract for a reason other than completion. If they want out, they should be the party to break it and take on any stipulations that were in the original when it comes to breaking it.
 

Rb0891

Well-Known Member
Established Member
Premium Member
Joined
Feb 9, 2020
Messages
3,897
Location
Indiana
How have they completed half the work if only the demo has been completed? Are the cabinet, counter and appliance materials already paid for? Do you have them?
 

rotor_powerd

Well-Known Member
Established Member
Premium Member
Joined
Sep 14, 2008
Messages
7,412
Location
VA
If there's no termination clause then they are in breach of contract, pending what it says about performance. I'm also guessing that their sub who lost his guys has a non-compete, hence why he is reluctant to finish the work on his own even if he had the staff. Definitely speak with an attorney, but my take is that you really have no way to force them to perform. Pursuing legal action will likely just be throwing dollars away while only causing you to become more frustrated. Shitty situation but ultimately your best option is probably to pull chocks and find someone else to complete the work.

Whatever you do, do not be the party to formally terminate the contract currently in place as that will also terminate your claim to any potential recourse.
 

Adower

Well-Known Member
Established Member
Joined
Sep 3, 2005
Messages
2,799
Location
SAC
Not doing the work, just finding the people to do the work. I assume you are at demo stage and have not progressed beyond that? Did they give you a set of plans?
We are a little passed demo. Still in the rough stages though. Some framing and left to do and some drywall needs to be put up.
 

Adower

Well-Known Member
Established Member
Joined
Sep 3, 2005
Messages
2,799
Location
SAC
How have they completed half the work if only the demo has been completed? Are the cabinet, counter and appliance materials already paid for? Do you have them?
The demo has been done. There is just some framing that needs to be done and drywall that needs to go up. So maybe they're a little more passed half then?

Since we are getting custom cabinets (built by the GC) the GC went through and made all the specs for the cabinets and started to build them at the start. We then went and bought the slabs, handles, knobs etc.

Yes, we bought all appliances (double oven, beverage fridge, dish washer, range hood, instant hot water faucet, sink, etc etc) and have them in our garage sitting.

The way they wrote the contract was like this:

XX$ - Install 10 can lights / switches included- Owner will provide the lights
XX$ - Tile kitchen, pantry, laundry room, 1/2 bathroom - Owner will provide the tile and grout.
XX$ - Appliances - Will be provided by owner
XX$ - Knock down wall and frame new wall - All materials included
 
Last edited:

Users who are viewing this thread



Top