Contractor 70% over estimate w/no warning, demanding money

Contractor 70% over estimate w/no warning, demanding money

Investor · Sacramento, CA · Member since 2014 · 24 posts · 8 votes

Hi guys-

I hired a contractor to do exterior and interior renovations at an apartment I own. Exterior work was to be completed first, then move to the interior. Cost of the exterior was estimated (agreed to and signed) at $24.5k. The estimate included language that any unforeseen items discovered that led to overages would require written notification, a new signed agreement to that work, and payment up front. 

That estimate was signed in May, flash forward to September. I had been in weekly contact w my contractor, there had been no notice of unexpected overruns. Suddenly though, he sent an email detailing over 17k in overruns (so, a total of ~41k). The costs are for labor, material but are not accompanied by invoices, receipts or anything that can be verified.  He refuses to send proof. 

I've let the contractor go, work has stopped. I previously sent $18k for stage draws that met work completed. I plan to verify work was completed and will pay the remaining $6k (brings paid to 24k per original estimate), but these overages are troubling. I cannot just pay him without more proof. I've asked repeatedly for him to provide documentation on these alleged charges. This morning he sent a final invoice, stating he "will not provide any additional information to you in the form of labor costs, receipts, etc. Those will be provided in court, if/when necessary."

The whole thing seems like a bit of bait and switch. I certainly would prefer to avoid legal fees, but cutting him a check under the circumstances just isn't happening. He's asked me to pay the remainder, and then promises to complete the remaining work. I will not have him do anything more, we just have lost all trust with each other. 

My plan right now is to verify the work is done, issue payment for the agreed upon portion, and ask him again to show invoices/receipts for the overages. If he will not, I'll have to find an attorney.  The property is located in Indiana. 

Thanks for reading!  Appreciate your insight!  Language from signed estimate is below. 

"If unforeseen rot, deterioration, insect damage or poor structure is found and is found that it is necessary to replace the disturbed area, not included in this scope of work, an Additional Work Agreement will be written at such time for such repairs and costs will be due payable prior to work being completed. Payment due prior to repairs being made."

All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become as extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance."

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
10y
Andy Schwaderer - I would not pay a penny extra without any proof. Also you did not authorize any additional work. Let him try and sue you or put a lien on the property. You should win out in court all day long. In this instance I would not even get a lawyer at this point in time - save your money.
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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    10y
    Andy Schwaderer - I would not pay a penny extra without any proof. Also you did not authorize any additional work. Let him try and sue you or put a lien on the property. You should win out in court all day long. In this instance I would not even get a lawyer at this point in time - save your money.
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  • Dylan TanakaPro Member
    Real Estate Agent · Detroit, MI · Member since 2008 · 455 posts · 178 votes
    10y
    Without your signature on change orders spelling out the "up charges" said contractors lien will be wiped off by your title company.
  • Montreal, Québec · Member since 2016 · 133 posts · 19 votes
    10y
    My best guess is that your contract is saving you big time in this situation. Especially if strict guidelines were mentioned and agreed by both parties. It makes no sense that he suddenly ups to bill and cannot give a valuable explanation. I would say to get ready to get your lawyer involved. Some owners (who have deep pockets) might even taking it as far as taking the contractor to courts if the agreed job was unfinished. Good luck and let us know how it turns out.
  • Designer/Contractor from Riverside, CA · Member since 2015 · 56 posts · 26 votes
    10y
    What is the scope of work that he states accounts for the 17k? Nothing here seems a miss to me. You have a change order prevision in your contract. When anything unforeseen arises he would submit a change order for that scope of work. And you need to sign off of it and pay before he starts that scope of work. Am I missing something? This is the way all contractors do it. And no they probably aren't going to submit receipts and invoices if you did a fixed price contract.
  • Investor · Sacramento, CA · Member since 2014 · 24 posts · 8 votes
    10y

    @Christina McManaway: you're correct in that there is a clause covering additional work, details in the first post. Where this departed from that is, he did not notify me ahead of time about that additional work--I didn't approve it. In essence, at the very end he is asking for an extra 17k.  He says its for labor for vinyl siding installation, and rot discovered during window swap outs. 

    @Account Closed: he is licensed, I'd have to check my notes on insurance though. 

  • Designer/Contractor from Riverside, CA · Member since 2015 · 56 posts · 26 votes
    10y
    Then he is responsible for putting it back to its original condition. If you accept the work you may be on the hock for it. Negotiate a reduced price and move on otherwise you'll be holding up your property. Next time watch your contractor so they don't go outside the scope of work.
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    10y

    acceptance of work does not make you responsible. The contract is clear and he did not follow the terms of the contract.

    As a complete sidenote, unless you house is a monster and he has to replace all the sheathing on the house, no way $17k of increased costs would of been incurred. 

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  • Contractor · College Station, TX · Member since 2015 · 113 posts · 38 votes
    10y
    Andy Schwaderer , If your contract states a clause that written notice is required, there is no way around that. Print out any form of communication you have had with the contractor, and the page of the contract requiring written notice. He will probably try and place a lien on your property, however, he has no case. I'm not sure how the courts lean where you are, but here in Texas, if contract language is unambiguous, there is no way around it. Hope everything works out for you. I know our most important asset as both investors and contractors is our contract language. Protects us and the clients. I would be sure to print everything out and start making a folder. Good luck!
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    most contractors do not have the money to litigate I see that as an empty threat.. if he is licensed which he needs to be in CA..  you can simply file a complaint at the contractors board which usually leads to a mediation.. at least that's how it works here in Orygun... In Texas you don't need no stinkin contractors license ergo you have to be super careful in that state.. I would personally never do any thing there if I was not right there watching it like a hawk

  • Flipper, Realtor, Buy and Hold · Palmetto, FL · Member since 2016 · 22 posts · 7 votes
    10y

    Make sure you always have a signed contract with quote in future

  • Fairfax, VA · Member since 2016 · 9 posts · 1 vote
    10y

    As others have mentioned above, your contractor doesn't have a leg to stand on. Your argument is relatively straightforward in this case. The contract states an additional agreement should have been written for anything outside of the scope of work. It also states anything additional will only be performed under written change orders. There are no legal grounds for any contractor (at least in VA but I assume this is standard in all states) to perform additional work on their own accord that was neither requested or directed by the Owner and expect to receive compensation for it.

    As far as proof or documentation, if it is non-existent that only strengthens your case.  I don't see anything you should worry about from a legal standpoint.  As far as actually getting the work done, there probably needs to be a face to face meeting at the property reviewing the condition.  If the contractor DOES complete the work under contract, you are still obligated to pay the contract value as long as the work is finished and up to standards; but not a penny more.

  • Investor · Austin, TX · Member since 2016 · 16 posts · 4 votes
    10y

    Sounds pretty cut and dried.

    He has no case and is trying to bully money out of you.

    I'd be overly cautious in continued engagement-- what he may be doing is setting you up to try and negotiate SOME extra money, going overboard in hopes that a "compromise" will still end up with more $$$ than he deserves in his pocket.

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    Letter of Complaint to State Contractor's Board and CC the contractor.

    Mail HIS first and discuss "How would you prefer to resolve this?"

  • Las Vegas, NV · Member since 2014 · 732 posts · 137 votes
    10y

    @Andy Schwaderer

    Oh wow I feel your pain. Guess it just keeps reminding me why I got into the dirt business. I guess the real estate gurus in the seminars elect not to mention some of these horrors that can come from know where and just blindside you. with all these fix and flip strategies. All the fix and flip shows on T.V. make it all look so easy or just maybe smother than in real life. Good luck, I hate attorneys!

  • Redford, MI · Member since 2015 · 97 posts · 23 votes
    10y

    from Indiana's website:

    http://www.in.gov/core/bg_licenses.html

    "The term "contractor" can be very confusing, as it is used in many business settings. As mentioned earlier, an

    independent contractor can be anyone in business for him or herself who is offering services to others on non-employee basis.

    The title of "contractor" is most commonly used to refer to those involved in construction or renovation of structures. It may be used to refer to general contractors, HVAC contractors, electrical contractors, or plumbing contractors. The only construction contractors licensed by the State of Indiana are plumbers.

    Many of the other specific areas require local licensing which vary by city and county. For information regarding “Certification of Independent Contractor Status and Worker's Compensation Exemption” see Section I-C-2, page 11."

    Hopefully your property is in an area covered by local licensing.  

  • Douglasville, GA · Member since 2016 · 4 posts · 3 votes
    10y

    We dealt with this in Florida. The contractor had an estimate that included the line "Replace all rotten wood". After he was finished with the roof and gables he sent us a bill for and extra $13k and said he could not have forseen the condition. However, he came to the sight and spent an hour putting his estimate together. We refused to pay the overage and he sent us a certified letter showing his intent to file lein so we sent on back from our attorney that said if he did we would file suit. We haven't heard from him since. I would recommend having an attorney review the contract and sending a letter. 

  • Canyon Lake, TX · Member since 2016 · 26 posts · 8 votes
    10y

    @Jay Hinrichs No matter where you are, you need a good contract. In states where no licenses are available in residential, work then he/she needs to provide a Certificate of Insurance, containing all of your liabilities and coverages (and I would include worker's comp in there as well). Also be sure to have your own insurance on the premises. 

    Under no circumstances would I would have to watch any of the residential contractors I have used over the last 43 years, who have been in business for 35 years plus with impeccable reputations, like a hawk.

    That sounds like a weird paranoia to me.

  • Specialist · Chicago, IL · Member since 2015 · 870 posts · 345 votes
    10y

    Yes, he didn't follow procedures. An attorney would have to review the contract.  I hope you got it notarized. 

    Typically, on commercial projects, we let the contractor eat the bill.  However, that's commercial, they have a much larger spread.   However, this is for high end commercial as part of my W2 job.

    Residential is completely different.  They just don't have the same spread. They are not qualified for commercial work, hence, they can't charge as much. 

    Save yourself a lot of trouble, irritation, and attorney fees. Get 2 bids on the work done and see if you are close.  At the end, you had to do the work no matter what.

    Now, regarding receipts, the Contractor gets a discount, because they buy in bulk. He shouldn't pass those savings to you. 

    Best of luck, 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Candy Marshall  my clients that have tried to work in your great state have had some pretty poor experinces.. so I have seen it first hand... tough place to do business in my mind unless your local and can watch them like a Hawk

  • Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
    10y
    You need an Indiana lawyer to meet him face to face and put the squeeze into him.He is not following the rules of the contract and must be made to heal like a dog.Don't be afraid of litigation,that is what he is counting on.He will probably crumble when he sees a pit bull of a lawyer in his face demanding documents and threatening lawsuits for fraud and maybe theft of materials.
  • Contractor · Indianapolis, IN · Member since 2016 · 267 posts · 144 votes
    10y

    It sounds like your contract saved your ***. If a lawer helps it go away faster then hire away. The alternative is a 17k loss.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y

    If you didnt sign a change order , and thats what the contract required , then the contractor doesnt have a leg to stand on . My suggestion is to file a suit first , put him on the defensive . Talk to your attorney 

  • Mary K.Pro Member
    Investor · Ocala, FL · Member since 2015 · 158 posts · 88 votes
    10y

    From the perspective of former partner in a state of Florida licensed General Contractor (not an easy license to get by any means), if we were building a home and didn't get a signed Change Order BEFORE work was completed, we simply didn't get paid.  We did this only a couple of times, usually when a wife would ask for some minor items like extra outlets or upgraded lights and verbally assure us that the extra would be paid for later.  At the end of the job, her/her husband would deny ever agreeing to pay extra for these items.  We learned our lesson fast and NEVER did work without a signed Change Order ahead of time because we knew we didn't have a leg to stand on.  We could not file a valid lien without a written contract for the work. I suggest you get an attorney who specializes in Construction Law - you can often get a recommendation from a regional Builders Association since attorneys are sometimes affiliate members - it should cost you less than $1000 for him/her to send a letter to the contractor stating that you have no intention of paying the fee, that what he is trying to do is an act of fraud and extortion, and that you (the lawyer) will report the actions to the local construction licensing board and state attorney general.  Here in Florida a contractor can get arrested for fraudulent or criminal actions.  Don't compromise on this with a partial agreement to pay or whatever.  Just my thoughts.

  • Investor · Sacramento, CA · Member since 2014 · 24 posts · 8 votes
    10y

    Everyone, thank you so much for your responses.  My family is overwhelmed (in a good way!) by this outpouring of support. 

    @Mary K. brilliant suggestion. I did speak w an attorney this morning, and will consider that plan. The more we dig, the more it looks like this was the contractor fishing for more payment 

  • Investor · Orange County, CA · Member since 2015 · 2k+ posts · 3k+ votes
    10y

    I hope you had him and his subs sign a release for payments already made. This will make it harder to place and enforce a lien. Doesn't mean they won't try, even if they legally have no case for it, which sounds like they don't.

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