i m so confused
does anyone know whos responsibilty it is to make sure there are change orders done on all changes, im in big trouble here and i need to know this. my contractor made several verbal costs on some changes on my house which were 14,000 dollars off what he quoted me. i made the mistake of not having an attorney help me thru this because i trusted my contractor as he was given to me by a reputable bank. unfortunatly out of fear of being sued i paid him and now i need to know if theres any hope on getting something back.
It's both your responsibilities to make sure changes are in writing
It's his responsibility to have signed copies of change orders and prices, so he can prove you authorized the changes, and he can be assured of payment
It's your responsibility to have signed copies of change orders and prices, so the changes don't add more money and/or work than you authorize
It's a little late now, but do you think you didn't get $14000 worth of changes?
For the "hope of any money back" question
We can only speculate from here
You'll need to pay a professional (lawyer) to go over the paperwork and get an accurate assessment of the situation
well he gave me about 12,000 in actual work done, but i only ordered 6,000 of it verbally and then i only agreed on 3,000 that i could afford, so the problems not that im not happy with what he did, but very unhappy that he put me in a bad finacial position, in other words i did not have the 16,000 to buy these things he did. now i may have to sell my home or go into bankruptcy if i dont get some of this back. there were many lies told by him like for instance he told me over the phone we were about even on the 6,000 dollars worth of workdone and i trusted him becUSE I DIDNT KNOW WHAT IT COST TO HAVE THOSE THINGS DONE,, but later came up with 3,000 more on other work i didnt know he did, then he did another 7,000 dollors worth of changes that i wasnt aware of. so now im stuck with a 16,0000 debt i cant afford. so far ive gotton a roomate, and i cant work because im on disability, and im crying cause i cant talk about this anymore, but ty for your concern
ok im better, i had to slap my self lol
Now as far as the change orders go, i asked him for prices on any changes that I knew he was doing, but he kept putting it off saying he didnt have the figures on him, he never showed me a change order so i have none to prove it. and didnt hand me the bill until 1 week before closing which quoted 9,000 dollars, i hurried at that time to look for a lawyer and he suggested i pay him and go after him later,then the contractor handed me a check for 6,300 at closing so i thought ok now were ok between each other again, so of course i went and spent it on many other outstanding bills, but....3 weeks later the bank called and said it was a mistake and i have to give it back or i will be sued so they gave me a loan for 6,700 to include the interest. so in the end i guess i owed him actually 9,000 plus interest. now id say i got my moneys worth but i still never asked for those additional changes and never agreed to them. hell i could have lived with formica countertops and carpet on my living room floor, i could have lived with a smaller water tank and less sod, but he never gave me the chance to choose those things.
Change orders can be a nightmare for both the customer and the contractor if handled poorly.
I work for a commercial roofing contractor, we have unseen conditions all the time.
In our contract it is spelled out specifically (paraphrasing):
"Customer shall be entitlted to order changes in the work and the total contract price adjusted accordingly..."
"Contractor shall not be be required to perform any changed or additional work without a written request..."
While these are designed to protect the customer it also serves to protect us. There are many times that job conditions change, either the customer wants a change or the job conditions change.
ALWAYS get it in writing. If there's no piece of paper signed by the customer and the contractor WITH PRICING!!!! AND COPIES FOR EVERYONE there is no additional work, period.
I understand your pain and it's hard getting the advise after the fact.
Trusting your contractor is a double edged sword. Getting everything in writing is not a matter of not trustng your contractor, just good business and they shouldn't object to it.
Thats a tough situation, but Talos and the other guys are correct, its all about the contract. Assuming you are'nt getting scammed, and he did do quality work, then you two had a serious communication breakdown. You should have paid him the initial agreed upon price and negotiated a settlement on the remaining disputed balance. If he did work not specified in the contract, but maybe, maybe not agreed to by you,and you dispute his charges, I would'nt think either of you would have a leg to stand on. Why your lawyer would say to pay is beyond me. My guess is that both of you should have sat down and
agreed upton a settlement and payment schedule. Now the only ones going to get paid are the lawyers, both of you lose. Sorry
i appreciate a honest contractor after this stuff, but i got another way of getting him back since this is probably a lost cause. and that is the fact that he basically built my house in a fish bowl and im flooding all the way to the indoor door of my garage and up to my front door, so hell be paying probably a lot of money to fix that error, and it will be pay back time for me. hes not just shady at how he does business but he cant even grade the property properly so there arnt flooding problems, like il tell any contractor what goes around comes around and its his tun next. how much do you think it would cost him to fix this flooding problem anyhow? he'll i assume have to put in several french drains in proper areas to keep the water from comming towards y house. any ideas/
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