garys_2kPremium
join:2004-05-07
Farmington, MI | reply to Draiman
Re: Garage addition So, did you sign the agreement with the architect, or did the GC? |
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 DraimanLet me see those devil horns in the sky
join:2012-06-01
Kill Devil Hills, NC
 ·Verizon FiOS
3 edits | reply to Draiman
For now I'm just going to call it even with the GC. If he'll accept that we'll be done. If he has a problem with that he can start the arbitration process under the law but he knows he'll lose there. He's got no proof that I owe him anything. All written change orders and the original contract amounts have been paid as agreed as of right now. If it went to court legally we're done and paid in full right now yet he forced me to fix code violations for him. I'm 100% sure as is the BI that the state would approve the bond claim. After all the BI already talked to the state about it. If I go that road I'll donate anything I get minus actual material costs to charity. I don't want to benefit but I don't want the GC to think he can screw anyone else this way either.
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IF YOU FIND ANY MISTAKES IN MY WORK...Please consider that they are there for a purpose. I try to please everyone and there is always someone looking for mistakes! |
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Reviews:
·Verizon FiOS
| reply to Draiman
It sounds like the contractor took advantage of you in the beginning then slipped up at the end so 2 wrongs make a right in this case.
I'm dumbfounded at how many people defaulted to trying to justify the contractor did their job. They ignored the city inspector and even the IRC code all in an attempt to justify the contractor's work. No wonder why contractor's take advantage of people! |
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 AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | That's a cheap shot. we are playing devil's advocate. How will the GC counter the OP's arguments?
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* seek help if having trouble coping
--Standard disclaimers apply.-- |
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| If there's nothing in writing it is checkmate for the contractor. General Custer is calling. |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | There is stuff in writing. |
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Reviews:
·Verizon FiOS
| said by AVD:There is stuff in writing.
said by Draiman:All written change orders and the original contract amounts have been paid as agreed as of right now.
Unless I'm blind that says there's nothing in writing the contractor can use in a negative way. What do you suggest would be used in the contractor's defense in writing? I'm playing devil's advocate of course! |
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AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ
kudos:1 | if everything is paid, what being retained? |
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Reviews:
·Verizon FiOS
| said by AVD:if everything is paid, what being retained?
Exactly! The debt is vaporware without proof. This is a great lesson why you never make verbal agreements in business. ALWAYS put it in writing.
Massachusetts is a 2 way recording state so even if the contractor recorded the verbal approval he did so illegally. |
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Reviews:
·Verizon FiOS
2 edits | reply to Draiman
Of course that's based on the assumption of the OP's statement that the debt owed is verbal only since all written debts have been settled. If the debt can be proven then it all falls back to IRC which should always fall into the contractor's plate. You can't sell a contract to build a garage then not deliver it because you don't want to do it to code correctly so the city won't allow the customer to use it. The contractor defaulted on the contract period. They sold a garage and didn't deliver it as promised. They delivered an incomplete project and should get paid accordingly. |
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| reply to Draiman
On what planet can a contractor bid a job which requires a permit then refuse to do the required work as required by the permit through completion and expect to be paid in full for an incomplete job? |
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 John GaltForward, MarchPremium
join:2004-09-30
Happy Camp
kudos:5 | said by Critsmcgee:On what planet can a contractor bid a job which requires a permit then refuse to do the required work as required by the permit through completion and expect to be paid in full for an incomplete job?
And yet the inspector signed off on it... |
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 Jack_in_VAPremium
join:2007-11-26
Mathews, VA
kudos:1 | said by John Galt:And yet the inspector signed off on it...
So much for the inspector gods (AHJ) that so many on here worship blindly. The chance of getting a good competent one is no better than getting a bad unqualified one. Flip a coin and hope. |
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Reviews:
·Verizon FiOS
| reply to John Galt
said by John Galt:said by Critsmcgee:On what planet can a contractor bid a job which requires a permit then refuse to do the required work as required by the permit through completion and expect to be paid in full for an incomplete job?
And yet the inspector signed off on it... After the home owner installed a handrail and built a guard. I'd put a claim together against the contractor for that and forget the verbal debt all together. The contractor refused to correct the violations which forced the home owner into fixing the contractor's mistakes. That deserves compensation and has plenty of proof to back it up. |
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DraimanLet me see those devil horns in the sky
join:2012-06-01
Kill Devil Hills, NC
1 edit | reply to Draiman
*removed* |
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DraimanLet me see those devil horns in the sky
join:2012-06-01
Kill Devil Hills, NC Reviews:
·Verizon FiOS
4 edits | reply to Draiman
Re: Garage addition Thanks for all the input. I know how I want to handle it based on all the replies. I'm glad I brought it up and also glad I've handled it so we can put that sidebar discussion to bed and get back to finishing the garage. We have another 8-10 months of thread to go before the project will be completely done. 
Tomorrow I have the day off and I should make some good progress on the garage. The designer will be stopping by so that should be a good chat as well.
Here's a question on framing a non-load bearing wall. It looks like I don't need a double header with jack studs. Is that correct? There's plenty of room for a double header but I'd like to skip jack studs to get that extra 3" if possible. The opening will be for a knee wall door. |
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| reply to Draiman
You are correct. You don't need a double header or jack studs but personally I'd do it anyways. |
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DraimanLet me see those devil horns in the sky
join:2012-06-01
Kill Devil Hills, NC Reviews:
·Verizon FiOS
2 edits | reply to Draiman
This week-ends work: strapping & knee wall door framing. I also made the handrail wall returns but I didn't take any pictures of those. |
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DraimanLet me see those devil horns in the sky
join:2012-06-01
Kill Devil Hills, NC Reviews:
·Verizon FiOS
| reply to Draiman
Update: All ties have been cut with the GC as of today. He's agreed to just part ways and be done with it. He said he knows the code but it was a misunderstanding on his part between him, me, and the building inspector. I didn't want to get into it so I agreed to just part ways mutually and call it a day.
The architect stopped by Friday. He was floored by the code issues the GC left. He said he will NEVER do another job for the GC again. He's ashamed his name is associated with the GC's given the outcome of this project. He admitted he removed the guard diagram at the GC's request and apologized that he didn't let me know.
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IF YOU FIND ANY MISTAKES IN MY WORK...Please consider that they are there for a purpose. I try to please everyone and there is always someone looking for mistakes! |
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