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Posted by Pat on June 23, 2007, 7:14 pm
On Jun 23, 6:20 pm, HappyHuman...@yahoo.com wrote:
> We do not have a contract, except an oral contract that the accepted
> bid would not change unless we made changes, and then only the costs
> related to the change would be added to the bid. It was explicitly
> state, orally, that market prices would not affect the bid once we
> "locked in." The only prices that could change would be for our
> subcontractors, and we subcontracted with them directly. There is no
> written contract, unless you consider the bid a contract, which is
> just a bulleted list of materials and labor with prices and a total.
> At the bottom of the list and below the total is a statement that
> says, more or less, that changes to the design will cause costs to be
> added to the bid, but that otherwise the bid is just that, a bid, a
> quoted price to do the job. There is no "performance bond." Nothing
> was ever filed with the register of deeds or any other government
> agency, except a septic plan and a building permit, neither of which
> mention prices, contracts, etc. It was the most unprofessional joke
> I've ever seen, but we trusted them, because it's such a small town
> that we didn't think they would be stupid enough to commit contractor
> suicide and try to screw over a high profile custom like us. We built
> in the most affluent neighborhood in town. Well, they can pretty much
> assume no one else building out here will ever hire them for
> anything. They'll have to go back to $140K hillbilly ranch "spec
> homes."
>
> - Unhappy
>
>
> > If you contract was fixed price, then it may or may not be fixed
> > price. If it was "time and materials", then you pay him his time and
> > materials.
>
> > Just out of curiosity, does he have a performance bond on the project?
>
> > Good luck with it, but you need an attorney.
So let me get this straight. You're building a $290,000 house with no
contract, no architect, and no engineer -- and you're calling the
CONTRACTOR bad. This is a problem you're bring on yourself.
I don't have any idea what the law is in your state, but in NYS it is
awfully difficult to enforce a written contract. In fact, it might
even be unenforceable because it's re land.
If you have a quote, and it is accepted, and signed by both parties,
you're in a better situation. You can claim that it is a de facto
contract. That, a lawyer, and a bundle of money might be able to
solve your problem.
Your only option is to try to starve him out. He wants the last
payment and is willing to sue you for additional funds. Well he might
as well sue you for the whole amount. I think your only option is to
not pay him anything, then offer him full payment in return for a
release.
Good luck with it.
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