What to do when a contractor underbids?

What to do when a contractor underbids?

Rental Property Investor · Mt Juliet, TN · Member since 2014 · 90 posts · 33 votes

We are doing our first 2 flips simultaneously.  The 1st was pretty much as expected.  The 2nd was the typical nightmare that you hear about so often from other investors.

Our original costs were $26k, which was a signed contract (with line items of work to be performed without dollar figures attached) that he prepared.  Then we agreed to not do $6k worth of upgrades to offset an additional $11k in unexpected costs, like upgrading electrical and replacing the sewage lines.

I have been getting messages from my contractor about how much he has spent and how much he expects to spend in the next week, but these numbers don't jive with what we expected.

Finally, I asked him to break down for me 1) original estimate/contract 2) minus work removed from contract, 3) plus additional unexpected work, 4) to arrive at a total amount.

We started at $26k minus $6k plus $11k to equal $31k.  So far, I have paid him a little of $26k, leaving an expected balance of $5k.

Now, he's talking about the job's expected cost to be $40k.  I had a LONG heart-to-heart with him today after sending him an email questioning his figures yesterday.

Ultimately, he admitted that he underbid the project... and rather than the $26k that he estimated, he now realizes that he should have submitted a bid for approx $35k.  $35k - $6k + $11k = $40k.

My question is... what the heck should I do with this guy?  I told him that it seems like he is asking me to be 100% responsible for his underbidding... and that I'm not sure I should be held responsible for his underbidding the project, especially when another contractor bid approx the same amount.  Playing Devil's Advocate, if the project only cost $20k, rather than the agreed upon $26k, he wouldn't have refunded me the extra $6k profit.

Please help!!!  What would you do in this situation, especially when there's another week's worth of work to be completed.  Thanks for your input!

I would appreciate input from BP readers, especially... 

@David L. @Brandon Turner @Joshua D. @Dawn Brenengen @Mike Ritter @Jacob A. @Jon Arthur @Account Closed 

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Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
12y

If you hold his feet to the fire and make him 100% responsible, can you trust his work going forward? Or will he start cutting corners. I would come up with an agreement that's fair to both of you (50/50?) and then not use him again. I think your goal should be to finish this project as successfully as possible and get out with your shirt still on. 

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  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    11y
    I agree with Ibrahim Hughes and/or Shawn M. Practical solution oriented thinking that doesn't leave either party feeling screwed over. Good luck with you legal action and looking forward to your result.
  • Rental Property Investor · Mt Juliet, TN · Member since 2014 · 90 posts · 33 votes
    11y

    Thanks @Ryan Hall.  I'm a little too "old school" where I expect people are telling the truth and have good intentions.  Unfortunately, I got burned a bit.  Bad thing for the next contractors we deal with is that we now have a bunch more paperwork to sign to ensure there are no misunderstandings.

    @Max T., I agree.  Nobody ever wants to get the courts involved.  My tickets are booked to NC, and I'll be in court 3 weeks from tomorrow.  <<fingers crossed>>  Just have to do some prep to make my argument rock-solid and easy to understand from the magistrate's point of view.

  • Investor · Rowayton, CT · Member since 2016 · 1 post · 0 votes
    10y

    Hi Lee - what ever happened in court? Curious to know as I'm in a similar situation myself.

    Thanks.

  • Knoxville, TN · Member since 2018 · 1 post · 0 votes
    8y

    Lee, I would love to know what "terms" you included in your contracts to prevent underbidding (or price gouging). I'm going through this now. Sub bid off final plans for new construction then even though there have been no changes to the plan, he has come back with a much higher quotes right as the work is about to start. He's been under contract since the project started. The work is scheduled to start next week so he has us by the short hairs. Can you suggest some verbiage I might add to my sub agreements to prevent or address this?

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