Basic synopsis of the situation is that I'm working with a contractor on a home I just bought. They've completed about 90% of their work, and do not want to complete the last 10% even though it is in writing on our signed bid. I've insisted that they finish the work before they get paid the second half of their money. Their response to this is to send me a change order to the bid requesting my signature to authorize about a 25% increase to the cost of the bid for work they already completed. I refused to sign stating that there haven't been any changes to the original bid. They'd now like to send out the original person who bid the job to review the outstanding work and what has already been done. I'm not sure if I should allow this person back on the job. Hence, I'm in need of legal councel. Any advice or referrals are appreciated!
you can allow them on the site..just don't sign any change orders that aren't legit...and NEVER pay more than the work completed.
I definitely won't be signing anything, and they defintiely won't get any more money from me. Guess nobody wants to touch this with a 10 foot pole. I sympathize. I really don't either..
Not enough information. It sounds like a typical contractor dispute. If the amount is minimal, pay him the 90% and find someone else to finish the rest. It might cost you a little more, but you want it done right.
What is it in their contract that they couldn't invoice the second half of their work until they completed everything 100%???
I'm being intentionally vague here. To elaborate a bit. The bid had to be finalized before any work began because they are being paid through funds I borrowed that are held in escrow. The terms are for them to receive half once work begins and half once work is complete. An inspector with the lender comes to the property once work is complete. The last 10% of work (drywall repairs) is in dispute because the contractor feels that the wording of the bid they prepared is ambiguous as to where exactly the work is needed, so they're refusing to do the work. When I demanded that the work be done or I receive a refund, they sent a formal change order hiking up the price on work they've already completed, asking me to sign so it can be formally added to the bid that was finalized with the lender. I've refused to sign, so the job is at a halt over the dispute. The contractor now wants to send the person who originally bid the job to review what has been completed, presumably to justify the change order they want me to sign, and to reviewthe incomplete work. Because this is in dispute, I feel that this is an attempt to try and strengthen their legal position before filing the lien, which is why I need legal advice. To be clear, there were no changes from the original bid, but they contend that I requested higher quality materials after work began. However, they were provided samples of the material befoe the bid was finalized.
What were these higher quality materials? How many SF of drywall was done to justify a price hike? Is this all that's left to do? Is this a residence or commercial space?
203(k) loan? Anybody can complete the work, as long as it is completed, though the contractor will have to sign off that the work has been completed. I'm not sure what to do in your spot.
They put in flooring. They put in the flooring they had originally been given samples of before a bid was finalized. They've already done this work, and they now want a change order signed and given to the lender to increase the price. As for the drywall work, they've not done any drywall work at all despite it being in the bid. Its a 203k.
