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Can general contractor raise price after house is finished? HappyHumanist 06-23-2007
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Posted by Kris Krieger on July 1, 2007, 12:57 am
HappyHumanist@yahoo.com wrote in news:1182644957.993765.51930
@o61g2000hsh.googlegroups.com:

> Good advice everyone. Yeah, there are some things I will do
> differently next time, like a written contract. Nevertheless, your
> advice--both sides--is encouranging, everyone. I'll let you know how
> it goes. Thanks!!!
>
> - Unhappy


Holy crap!!! For that much $$$, you had no written contract?

Geez, I made someone sign a contract just to design a very minor website -
and doncha know, they backed out to go with "El Slicko Inc."and tried to
stiff me for all the work I'd done upto that point - but I had insisted
that a contract be signed before I did *anything*, so at least I got my 300
bucks. People will try to shyster you for miniscule amounts, so it is a
certainty that they'll try to shyster you for significant bucks, because
people suck.

Get everything in writing. Everything. Always. A true professional will
expect to do that, and will want to do it, because it protects *both*
parties. I would never trust anyone who would not expect, welcome, and
even demand that a writtencontract be drawn up. Things can get screwed up
enough whan it *is* all in writing. Forget this nonsense about verbal
"contracts".

Heck, I only get my lawn mowed with no contract because they don't get paid
until *after* they do the job...



>
>> )If) the story is as straight as this one side says it
>> is, I would set in the 60 grand as a bargaining tool
>> until it is settled where both sides agree. 60 thou is
>> a sizable bargaining tool.
>>
>>
>>
>>
>>
>> >> And what if he doesn't go away?
>>
>> > why haven't you paid him the 60,000?
>> > this much you two agree on
>>
>> > Posted Via Usenet.com Premium Usenet Newsgroup
>> > Services
>> > ----------------------------------------------------------
>> > ** SPEED ** RETENTION ** COMPLETION ** ANONYMITY
>> > **
>> > ----------------------------------------------------------
>> > http://www.usenet.com
>
>


Posted by PeterD on June 23, 2007, 7:57 pm
On Sat, 23 Jun 2007 14:11:59 -0700, HappyHumanist@yahoo.com wrote:

>And what if he doesn't go away? What if he sues us like he said he's
>going to?

What is he going to sue you for? Breach of contract... Won't get past
first base on that one.

>What if he's stupid and he doesn't realize we're
>right?

Court will quickly tell him he has no case, assuming his lawyer
doesn't do it first. Lawyers don't take loosing cases, regardless.

>...thousands of dollars in legal fees later... Is there any
>way he could win?

Sure, when hell freezes over.

>Wouldn't it cost more than the difference that
>we're arguing over in legal fees and court costs? Who would have to
>pay those fees? Could we make him pay our attorney fees if we win?

Quite possibly a counter suit would succeed in this case.



Posted by Don on June 24, 2007, 9:46 am
"PeterD"> wrote
> Lawyers don't take loosing cases, regardless.

They do it all the time.
Every case has a winner and a loser.
As long as they get their fee *up front* they don't care who wins.
Why do you think they call em sharks?



Posted by PeterD on June 24, 2007, 11:05 am
wrote:

>"PeterD"> wrote
>> Lawyers don't take loosing cases, regardless.
>
>They do it all the time.
>Every case has a winner and a loser.
>As long as they get their fee *up front* they don't care who wins.
>Why do you think they call em sharks?
>

Correct. I guess I should have said "Unless you are willing to pay
up-front, lawyers won't take a guarnteed to loose case!" <bg>

Say that contractor walks into a lawyer's office with the story the OP
gave (slanted to his advantage, of course, just as the OPs story is
slanted that way, too.)

The lawyer will not handle this on a contingency, or for that matter,
probably even if paid in advance (if the lawyer is ethical, please no
comments on that possibility!) Instead the lawyer may say: "Try small
claims court to get the max (usualyl $5K) or just ring it up to
experience. and then he'll say: next time, have a written contract!

Posted by Don on June 24, 2007, 2:45 pm

> wrote:
>
>>"PeterD"> wrote
>>> Lawyers don't take loosing cases, regardless.
>>
>>They do it all the time.
>>Every case has a winner and a loser.
>>As long as they get their fee *up front* they don't care who wins.
>>Why do you think they call em sharks?
>>
>
> Correct. I guess I should have said "Unless you are willing to pay
> up-front, lawyers won't take a guarnteed to loose case!" <bg>
>
> Say that contractor walks into a lawyer's office with the story the OP
> gave (slanted to his advantage, of course, just as the OPs story is
> slanted that way, too.)
>
> The lawyer will not handle this on a contingency, or for that matter,
> probably even if paid in advance (if the lawyer is ethical, please no
> comments on that possibility!) Instead the lawyer may say: "Try small
> claims court to get the max (usualyl $5K) or just ring it up to
> experience. and then he'll say: next time, have a written contract!

The only people that I have ever personally known to go into a lawyers
office and come out NOT paying him money up front were women filing for
divorce.
I've only been in there a few times and everytime I'm lucky if I have any
ass pocket left at all .



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