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Old 12-04-2010, 02:27 PM   #1
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DIY Finishing basement


We contracted the sheetrock out because it is 1800 sq ft, too big for DIY by us, the homeowners.
The contract included materials, but the contractor's credit card failed when buying materials so I paid the supplier cash. Now he wants a credit for himself on returned left over materials. He says that is his money under the contract. But it was my cash that had the materials delivered! What is the practice on this?

We are DIYing the remaining work which is flooring, painting, trim, doors, installing cabinets. He is trying to get us to contract him for the floor.

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Old 12-04-2010, 03:00 PM   #2
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Typically all materials purchased for the job belong to the contractor and the leftovers belong to the contractor.

For instance, I'm sure he bought a 20 pound bucket of screws--the extra screws will go to the next job.


He would be a foolish man if he didn''t get a few sheets of extra drywall--mis-cuts happen--


You contracted for a certain area to be hung,taped and finished------How much supplies are left over has absolutely nothing to do with you---Mike---

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Old 12-04-2010, 03:07 PM   #3
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Originally Posted by moemailusa View Post
The contract included materials, but the contractor's credit card failed when buying materials so I paid the supplier cash
I would have been looking for a new contractor at that point

Did they deduct the $$ you paid for materials from the contract cost ?
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Old 12-04-2010, 03:41 PM   #4
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A change order should have been written. How much extra was there? If he ordered more than 40 sheets of 12' drywall or more than 60 sheets of 8', he over estimated. thats also not with subtracting for door openings etc.
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Old 12-04-2010, 03:43 PM   #5
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Originally Posted by mrgins View Post
A change order should have been written. How much extra was there? If he ordered more than 40 sheets of 12' drywall or more than 60 sheets of 8', he over estimated. thats also not with subtracting for door openings etc.
Oops, you're talking 1800sq' of floor space, not drywall area. Ignore that last part!
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Old 12-04-2010, 03:55 PM   #6
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The contract is for certain work to be completed----has nothing to do with the amount of materials that pass through the job----

I usually scrap the extra drywall on a job---For me,it costs more to handle the leftover drywall.than to just pitch it into a dumpster.

However,the point is that the contract was for an area to be finished--if that is accomplished,then the contract is fulfilled.

Exactly like dining in a restaurant--you order a meal--you have no right to the extra food in the kitchen----Mike--
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Old 12-04-2010, 03:58 PM   #7
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If a change order had been written, it could have avoided the problem, but didn't this guy ask for partial payment ahead of time to cover at least the cost of drywall?
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Old 12-04-2010, 04:16 PM   #8
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The OP has not come back with details--just said he contracted the work to be done--

Why he was with the drywall guy when the materials were purchased is a mystery---Also what the terms of the contract were---

I'm with Scuba Dave on this one--sounds like a low rent drywall guy---maybe a poor choice of contractor.
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Old 12-04-2010, 06:19 PM   #9
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The contract was for installation of insulation too. And it called for a total of 3 payments. The first payment was due upon delivery of materials, which is when we paid for the materials. The cost of materials was higher than the amount of the first payment. We didn't do a change order. The contractor is requesting, and we will be paying him the difference between the total contract amount and the amount paid for the materials.

It seems to boil down to inexperience on the part of the contractor and the owner (us). It appears that, but for the fact that we paid for the materials, we would not have known that there would be a credit for excess material. At this point we know how much insulation was left over, but we don't know how much, if any, drywall was leftover because we went to check the work after they left and there were no leftovers, nor scraps.

We're going to do as Mike says, but next time we will buy the materials and contract the labor.

Thanks for your help. Appreciate it.
Moe
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Old 12-04-2010, 06:46 PM   #10
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I do hope all goes well for you. If the insulation and drywall supplies were more than 1/3 of the total bill,I doubt if the guy made much,if anything on that job---I wish him well,too.--Mike--
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Old 12-05-2010, 07:44 PM   #11
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I will use Round numbers to make it easy on me

If the Job was contracted at $2000 and you paid him $2000 and he paid for materials there would be no issues at all.

Now if you paid $1000 for material and give him $1000 then you still Paid $2000

The way you are making it sound to me is you paid $1000 for material and gave him $1000 to make up the $2000 BUT you want the $500 credit on the material because you paid for the material... Hmmm by my calculations that would mean you only paid $1500 for the job.

So if he quoted you $2000 and you paid for material still $1000 and Gave him His $1000 but he needed $500 more in material because he kept screwing up.... Would you pay for that or want him to pay out of his pocket?
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Old 12-05-2010, 09:41 PM   #12
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Quote:
Originally Posted by moemailusa View Post
We contracted the sheetrock out because it is 1800 sq ft, too big for DIY by us, the homeowners.
The contract included materials, but the contractor's credit card failed when buying materials so I paid the supplier cash. Now he wants a credit for himself on returned left over materials. He says that is his money under the contract. But it was my cash that had the materials delivered! What is the practice on this?

We are DIYing the remaining work which is flooring, painting, trim, doors, installing cabinets. He is trying to get us to contract him for the floor.
I see it this way...

If you paid for the materials, they are YOUR materials, not his.

Secondly, I would get that guy out of my house as soon as humanly possible. Like yesterday! Who is he kidding, thinking he can also get you to have him do the floor?


Whatever you have to pay to get rid of him will be money well spent.
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Old 12-05-2010, 10:07 PM   #13
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Originally Posted by DrHicks View Post
I see it this way...

If you paid for the materials, they are YOUR materials, not his.

Secondly, I would get that guy out of my house as soon as humanly possible. Like yesterday! Who is he kidding, thinking he can also get you to have him do the floor?


Whatever you have to pay to get rid of him will be money well spent.

But if she took the money off of the bill SHE NO LONGER PAID FOR THE MATERIAL.... HE DID! Now if the home owner did not take off the cost then it is the home owners.

Again but I will make it simpler

If the cost of the job was $2000 and all the money that came out of the home owners pocket was $2000 then they paid the right amount

$2000 cash to contractor paying for material
or
$1000 cash and home owner paying $1000 for material
or
$500 cash and $1500 in material

IT ALL MEANS the same thing... The Home Owner Paid $2000

Now as far as kicking him out for the credit card not going through... Well Crap happens! Last year I the Company I am with had 2 major companies go belly up and we lost 52000 in one month! Please do not think Home Owners are any better! How about quoting to a Customer... "The cost to clean your Drain is $325... Then when you try to run the credit card they tell you they knew they did not have any Money"

On Tuesday of last week over $9000 was charged to the card for the Boilers that were delivered and a Payment had to be made in the morning for materials that needed to be used the next day. Some states limit the amount you can ask for up front so.... say the Boiler is Qouted at $3500 and we get 25% up front... $875 Well guess what!!!! That Does not cover the cost of my Material! Heck it Does not even cover the Cost of the Boiler! Now the Job is done and you then hear
1- Oh my wife has the checkbook and she is not here so we will mail you a check (usual wait on these is 20 days)
2- Can I give you half now and half in 2 weeks?
3- Can you lower your price I just got a lower price

I could go on and on. I love when the Home owner states "I will pay for the material!" I love it! Then I just quote for what i am good at my labor BUT DONT CRY when you need to go get more materials because crap happens.

Again I will say if you agree on a price and all that you have paid out of your pocket including any money given to the company and material paid for is the agreed upon price.... Then the materials are his unless you want to return it and give him the money that you get back from the store because

$2000-1000 material-1000 Labor+500 for returned material means you only paid $1500...
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Old 12-05-2010, 10:45 PM   #14
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^ Sounds to me like the whole thing is a botched up mess. Homeowners need to insist on getting everything in writing before any work is done or money spent.

Now... In all fairness, I got royally screwed over by an unscrupulous plumbing company. Never again. But that leaves me a little bit unsympathetic toward the "professionals."
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Old 12-06-2010, 12:09 AM   #15
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The Contractor was 100% correct here... Read home Owner post

The contract was for installation of insulation too. And it called for a total of 3 payments. The first payment was due upon delivery of materials, which is when we paid for the materials. The cost of materials was higher than the amount of the first payment. We didn't do a change order. The contractor is requesting, and we will be paying him the difference between the total contract amount and the amount paid for the materials.

Contract was for material and labor
Contractor wants the Difference so again
Material + Labor= Contract Price
or
Contract Price-Labor-material=0

So if Contract Price is 2000 and materials are 1000 then the contractor makes 1000 But if Contract Price=(material Purchased - Material returned)+ Labor is what is happenning here so
2000=(1000-250)+X (Labor is an unknown)
2000= 750+X
2000-750= 750-750 +X
1250=X

No matter how it is Looked at The Contract Price is the amount that should come out of the Home owners Pocket

I am always curious how did the Plumber take advantage of you? And has anyone in your entire profession ever been accused of doing something unscrupulous? Should we all be against People in your profession?

I read one of your post recently where you were talking about how you got a great deal on a saw and table... So should i consider everyone in your profession as a thief? I am a Plumber and I come here to share my knowledge in all aspects of construction from years of experience in Electrical and Plumbing along with Knowledge I have gained from flipping houses in drywall and Tiling and framing.

Most of us out here are professionals and share knowledge with people. We just ask to be treated like one

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