Hello BP!
I am working on my first flip on a single family home in Brookfield, Wisconsin. Being a first flip, I have learned a lot (and continue to learn as as I go). I searched the forums for how to resolve my issue but haven't found anyone with my specific scenario. Here is where I am in need of some advice:
I have 2 contractors hired for different areas of the house. One is in the kitchen area removing a small load bearing wall and one is specifically in the bathroom. The bathroom contractor has been great to work with. The other contractor removing the load bearing wall has been very condescending and negative toward me and my overall project. He has tried to convince me to give him more work (such as the rest of the house because he is used to "doing entire houses"). After going back and forth I agreed to let him do some drywall in the kitchen as well as the original need of removing the 5' load bearing wall inbetween kitchen and living room. Total cost is a complete rip off of 4000, but he will fit it into his schedule (which is booked months out) and complete in about 2 weeks.
Where it gets interesting is I have not signed any contract.
He sent me a proposal via email which I agreed to via email responding "I agree to have the proposed work done"
The proposal states:
The following will be done for 4,000.00:
- Draw up plans including:
- Load Bearing Wall Removed
- Basic electrical requirements
- Cabinet placements
- Permit ready plans. Permit and fee by owner.
- Cut wall opening, discard in owners dumpster
- Frame 60” opening to kitchen
- Patch drywall left of sink
- Reroute return air duct in living room
- Reroute electrical circuit in living room
- After insulation inspection, drywall North Kitchen Wall and opening to living room
- - - - - - - -
After not hearing from him for 2 weeks I finally heard back to learn that he had completed most of the drawings. He is very upset that he is not the only one working in the house and does not want to be responsible for permitted work of others because there is someone else in the house also doing permitted work (plumbing/electrical). Being very difficult and condescending, the relationship has headed south fast. I asked to pay him for his time doing measurements/drawings and told him that I would move forward without him.
Again, no contract signed or "verbal agreements" here. $4000 was to be paid upon completion as far as I was aware. In email he asked for $2040 for 17 hours of measuring and drawings. I have 2 years of CAD experience and his 2D CAD drawing should have taken less than 1 hour (he drew up my entire first floor including the garage size, all my closet sizes, bedrooms, etc -1400 square feet). I would think the only drawings needed would be in/around where his work would be done????? Regardless, measuring the entire house should have taken an hour and a half..maybe 2 hours MAX... The $2040 comes from his hourly rate with 17 hours of work. I originally guessed he would ask for $500 which I would pay to get rid of him.
What do I do next? Last contact was via email of him telling me it was 17 hours for the drawing/measurements. There is no signed contract, just a written agreement to the work via email. I would like to pay him and move on, but $2040 is unrealistic.
Do I send a check for $500 with a letter saying if he cashes it, he agrees on the price for the work done?
Do I not pay anything because there is no contract signed? (Should I ask for our signed contract which does not exist??)
Do I tell him to send me an invoice with line items shown regarding what work was done with his price?
Do I need to hire a RE Lawyer?
Do I email back asking why a drawing was done of my entire house when he was simply working on a 5' wall and some kitchen drywall work? And ask why it took 17 hours?
Do I simply do nothing because there is no official contract? He cant put a lien on the house, correct?
At this point if I talk on the phone again it will escalate quickly... talking with him is not helpful.
Appreciate the help from everyone here at BP!
