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Subject:
general contractor vs. extreme perfectionist customer
Category: Business and Money > Small Businesses Asked by: cad55-ga List Price: $10.00 |
Posted:
17 Apr 2005 22:17 PDT
Expires: 17 May 2005 22:17 PDT Question ID: 510681 |
I am a contractor in california. i am currently in contract with an incredibly anal-retentive customer to build his house. His constant perfectionism has cost me tens of thousands of dollars. Where can i draw a legal line in the sand? There is no time penalty built into the contract. if the customer refuses to pay for changes can i drag out the length of time to complete the job without penalty, or legal consequences? |
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There is no answer at this time. |
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Subject:
Re: general contractor vs. extreme perfectionist customer
From: daniel2d-ga on 17 Apr 2005 22:43 PDT |
You need to add additional information: 1) who owns the land the house is being built on? 2) what does the contract say about changes? and 3) what are some of the changes he is asking for? You need legal advice on this. The best way to build on someone else's land is to buy the land from them with them haveing the right of first refusal when the house is done. This way you control access to the work site. They eliminate the risk that if the house is not finished on time or the builder goes bankrupt etc. they are not left with a lot with an unfinished house with liens on it. In this case you should explain that all changes are at the expense of the purchaser - and your contract should state that. You are responsible for constructing the house to generally accepted contruction standards. Anything more is at the expense of the purchaser - your contract should state that. |
Subject:
Re: general contractor vs. extreme perfectionist customer
From: margi-ga on 17 Apr 2005 22:58 PDT |
I don't know the legalities of this particular situation, however, I can give you some advice for in the future. If you use a formal and documented project management approach that includes: A detailed scope of work with responsibilities of each party outlined in detail A very complete WBS (work breakdown structure) and timelined project plan with all dependencies documented A written document regaring acceptable variations in specifications that the customer signs prior to construction starting, i.e.. that a wall can be at 91 degrees and still be acceptable, or that hand-plastered walls have a slightly un-uniform surface, or that prior to base moulding going in, hardwood floors can be up to 1/8 inch from the wall, etc. Use the generally accepted construction standards that daniel2d recommends. AND, in the future, don't start the construction until the guys signs. Obviously, it's too late for this guy for the work you've already done, but perhaps you can negotiate something similar for the work that's still to be done. I worked for a man that did the same thing to his contractor in FL. Frankly, he took joy in it and relished the power. It was a 3 mil home, so there was ample room for personal profit for the contractor, but he ended up just breaking even and losing 9 months in the process. This guy had them pull up an entire 40ft x 28ft marble floor (14" pieces) and do it over again because at the doorway, prior to the abutting wood flooring being put in, the tiles came up 1/8" short of the doorway. They broke a few tiles in the process, and when he was going over the bill, he made sure to charge the contractor for them. I suggest a frank discussion with the guy. You are not doing the work for charity. Appeal to his business sense, perhaps. ??? If all else fails, provided it's outlined in your contract, I suggest mediation. |
Subject:
Re: general contractor vs. extreme perfectionist customer
From: myoarin-ga on 19 Apr 2005 15:41 PDT |
Greetings cad55, Aren't there any standard definitions of building quality in the States, standards referred to in contracts to avoid detailing everything? The other commenters seem to suggest so. When I was involved in building a house in Germany, I learned that it is usual in the contract to define that subsequent changes in the original plan are at cost plus 15%. But if the contract is weak in this regard - to your detriment - it also seems weak to the detriment of the customer in that it has no time penalty. This could be leverage in dealing with him, but as daniel2d-ga suggests, you should get legal advice before starting to negotiate. Good luck. |
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