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Your lack of knowledge on construction? Yes.
Posted on: February 28, 2019 at 12:33:04 CT
Spanky KU
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Riddle me this, Batman.. would you pay a contractor's invoice in full if he:
1) Invoiced you for items that you had not agreed to in the contract. For instance, you are remodelling your kitchen and you want to re-use your existing stovetop, oven and sink hardware. The contractor buys new equipment instead and adds that to the invoice. Do you pay for those items in full? None of it? Some of it?
2) The contractor agreed in writing to complete the kitchen remodel project by Nov 15 so you could host Thanksgiving at your home. The contract called for a $500/day 'fine' (Liquidated Damage) for each day after Nov 15. He completes the job on Nov 30 and presents you with a invoice for the full job without subtracting the LD's for Late Completion. Do you pay the invoice in full or do you deduct the contractual LD's and pay the remaining balance?
3) The plumbing contractor for the kitchen remodel does the work and it fails inspection from the City Building Inspector. The contractor fixes his errors and bills you for the 'extra time' to meed building code. Do you pay the invoice for the additional work for having to do the work right or do you only pay the original invoice because your contract calls for his work to be performed to code?
4) The cabinets that were installed were not done correctly and the contractor refuses to come out and do the job right. It costs you an additional $3,000 to have another contractor come out and install the cabinets correctly. Do you pay the contractor who did not perform as contracted in full? Or do you deduct the $3000 you had to pay someone else to do the job right?
In all cases above where you reduce the payment, the contractor disputes your claim and you ask your neighbor (who is a lawyer) to do you a 'solid' and apply pressure to the contractor to accept the lower payment. The contractor folds under the threat of litigation and accepts your reduced payment. Are you happy? Do you thank your lawyer friend?
1) Invoiced you for items that you had not agreed to in the contract. For instance, you are remodelling your kitchen and you want to re-use your existing stovetop, oven and sink hardware. The contractor buys new equipment instead and adds that to the invoice. Do you pay for those items in full? None of it? Some of it?
2) The contractor agreed in writing to complete the kitchen remodel project by Nov 15 so you could host Thanksgiving at your home. The contract called for a $500/day 'fine' (Liquidated Damage) for each day after Nov 15. He completes the job on Nov 30 and presents you with a invoice for the full job without subtracting the LD's for Late Completion. Do you pay the invoice in full or do you deduct the contractual LD's and pay the remaining balance?
3) The plumbing contractor for the kitchen remodel does the work and it fails inspection from the City Building Inspector. The contractor fixes his errors and bills you for the 'extra time' to meed building code. Do you pay the invoice for the additional work for having to do the work right or do you only pay the original invoice because your contract calls for his work to be performed to code?
4) The cabinets that were installed were not done correctly and the contractor refuses to come out and do the job right. It costs you an additional $3,000 to have another contractor come out and install the cabinets correctly. Do you pay the contractor who did not perform as contracted in full? Or do you deduct the $3000 you had to pay someone else to do the job right?
In all cases above where you reduce the payment, the contractor disputes your claim and you ask your neighbor (who is a lawyer) to do you a 'solid' and apply pressure to the contractor to accept the lower payment. The contractor folds under the threat of litigation and accepts your reduced payment. Are you happy? Do you thank your lawyer friend?
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Your lack of knowledge on construction? Yes. - Spanky KU - 2/28 12:33:04