Contractor Issue - Roofing/Siding - DIY Home Improvement | DIYChatroom
Advertisement


Go Back   DIY Chatroom Home Improvement Forum > Home Improvement > Roofing/Siding

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Like Tree2Likes
  • 2 Post By PatChap
Reply
 
Thread Tools Search this Thread
Display Modes
Old 07-14-2016, 10:44 PM   #1
Newbie
 
Join Date: Jul 2016
Location: San Antonio, TX
Posts: 3
Rewards Points: 6
Angry

Contractor issue


Hi! Recently joined this forum to get some advice.

I met up with this contractor to get a re-roof and the fascia fixed/replaced. I gave the guy $1,000 to buy the materials. It's been more than two weeks and the materials have not been delivered nor has any tear down started. The original job was supposed to cost $4,100 (for roof only), I changed to arch shingles and the price changed to $6,600 (just for roof work, which i think is unreasonable). Since I was seeing no progress within these past two weeks and this man would say he would meet with me and then bail and not answer any calls, I decided to pull out and ask for the materials that had been purchased to be delivered and I could find another contractor. Now he's claiming he needs to seek legal advice because I am pulling out of a "contract" when all that was given to me was an estimate on a purchase order form. No where does it say any details of what I can't or cannot do, in fact there are no details whatsoever.

I can upload a photo of the "contract" if needed.

I don't know if this is the right place to be posting this or not. But honestly, who do you think is in the wrong?
erlindasanchez is offline   Reply With Quote
Sponsored Links
Advertisement
 
Old 07-14-2016, 11:05 PM   #2
Member
 
Join Date: Nov 2011
Location: Hartfield VA
Posts: 36,910
Rewards Points: 18,962
Default

Re: Contractor issue


#1, Without a location in your profile no ones's going to know what your local laws are.
A quote is not a contract.
Need to see what he gave you, is there a time limit mentioned?
No way is that price difference justified, only difference should be in the price of the shingles, it's far easier to install arch shingles then 3 tabs.
No materials delivered, unless he can prove he's paid out for anything in writing you should be due a total refund.
__________________
When posting in forums, letting us know your location will help others give better feedback/advice/solutions to your questions
joecaption is offline   Reply With Quote
Sponsored Links
Advertisement
 
Old 07-14-2016, 11:13 PM   #3
Newbie
 
Join Date: Jul 2016
Location: San Antonio, TX
Posts: 3
Rewards Points: 6
Default

Re: Contractor issue


Quote:
Originally Posted by joecaption View Post
#1, Without a location in your profile no ones's going to know what your local laws are.
A quote is not a contract.
Need to see what he gave you, is there a time limit mentioned?
No way is that price difference justified, only difference should be in the price of the shingles, it's far easier to install arch shingles then 3 tabs.
No materials delivered, unless he can prove he's paid out for anything in writing you should be due a total refund.
Sorry about the lack of location, I just joined like 30 min ago. I'm from San Antonio, TX.

When I first met with him for the estimate he claimed it could be done by the end of that week, but over the past two weeks he's been saying they're going to start at a certain time and day and when I pass by the property - no activity. This has happened like three or four times within the past two weeks.
erlindasanchez is offline   Reply With Quote
Sponsored Links
Advertisement
 
Old 07-15-2016, 05:47 AM   #4
Member
 
Join Date: Oct 2008
Location: Ontario
Posts: 5,938
Rewards Points: 10,790
Default

Re: Contractor issue


Quote:
Originally Posted by joecaption View Post
A quote is not a contract.
But when you agree to it, now you have a contract.
SPS-1 is online now   Reply With Quote
Old 07-15-2016, 06:00 AM   #5
Member
 
r0ckstarr's Avatar
 
Join Date: Jan 2013
Location: SE Texas
Posts: 1,918
Rewards Points: 82
Default

Re: Contractor issue


Quote:
Originally Posted by erlindasanchez View Post
Now he's claiming he needs to seek legal advice because I am pulling out of a "contract" when all that was given to me was an estimate on a purchase order form. No where does it say any details of what I can't or cannot do, in fact there are no details whatsoever.
Does it list an estimated completion date?

Quote:
Originally Posted by SPS-1 View Post
But when you agree to it, now you have a contract.
Nope. You just have an agreement. You would need something in writing, signed by both parties, to hold up in court.

Last edited by r0ckstarr; 07-15-2016 at 06:03 AM.
r0ckstarr is offline   Reply With Quote
Old 07-15-2016, 06:30 AM   #6
Member
 
Join Date: Oct 2008
Location: Ontario
Posts: 5,938
Rewards Points: 10,790
Default

Re: Contractor issue


Quote:
Originally Posted by r0ckstarr View Post
You would need something in writing, signed by both parties, to hold up in court.
I am no lawyer, but I believe you are wrong there. Buyer's signature is simply proof that you agreed to it. If you have a quote that defines the scope of work, and giving the fellow $1000 is plenty of proof that you have an agreement and a contract. A verbal contract can even be binding --- just that it is typically impossible to prove what was agreed to.

Exception is transfers of land, which there are typically laws on in place that specifically say must be in writing to be valid.
SPS-1 is online now   Reply With Quote
The Following User Says Thank You to SPS-1 For This Useful Post:
oh'mike (07-15-2016)
Old 07-15-2016, 06:40 AM   #7
Member
 
r0ckstarr's Avatar
 
Join Date: Jan 2013
Location: SE Texas
Posts: 1,918
Rewards Points: 82
Default

Re: Contractor issue


Quote:
Originally Posted by SPS-1 View Post
--- just that it is typically impossible to prove what was agreed to.
Sorry. ^ That's what I was trying to say.

I did some googling and found this bit of info:

http://www.nacollawfirmblog.com/busi...-and-texas-law

Quote:
Verbal contracts in Texas have limitations. Let’s say that a contractor wanted to paint the outside of your house. You decide to pay the contractor seven thousand to paint the outside of the house and the job will take approximately 3-8 weeks. If you have a verbal contract with the painter and pay him this could be legally enforceable in a court of law. The verbal contract with the painter is not invalidated by any provision set above in the Statute of fraud. It is a contract for service, under one year, and adequate consideration has been given with the payment of seven thousand dollars.
Quote:
The best course of action in the litigious world we live in is to cover your tracks by securing a written contract in almost all circumstances. Do not rely on the limited options that allow a verbal contract to be enforced because in court you will have to deal with the “He said, she said” testimony and incur significant cost of litigation unnecessarily.
r0ckstarr is offline   Reply With Quote
Old 07-15-2016, 06:52 AM   #8
Member
 
Join Date: Oct 2008
Location: Ontario
Posts: 5,938
Rewards Points: 10,790
Default

Re: Contractor issue


Unfortunately for the OP, this is not a verbal contract anyways. The quote is the contract.
The only thing the OP could say perhaps is that the contractor broke the contract when he gave 4 different starting dates and broke every one. If I were the judge I would accept that.
SPS-1 is online now   Reply With Quote
The Following User Says Thank You to SPS-1 For This Useful Post:
r0ckstarr (07-15-2016)
Old 07-15-2016, 07:08 AM   #9
Member
 
Join Date: Aug 2010
Location: port st lucie, florida
Posts: 583
Rewards Points: 528
Default

Re: Contractor issue


Quote:
Originally Posted by erlindasanchez View Post
Hi! Recently joined this forum to get some advice.

I met up with this contractor to get a re-roof and the fascia fixed/replaced. I gave the guy $1,000 to buy the materials. It's been more than two weeks and the materials have not been delivered nor has any tear down started. The original job was supposed to cost $4,100 (for roof only), I changed to arch shingles and the price changed to $6,600 (just for roof work, which i think is unreasonable). Since I was seeing no progress within these past two weeks and this man would say he would meet with me and then bail and not answer any calls, I decided to pull out and ask for the materials that had been purchased to be delivered and I could find another contractor. Now he's claiming he needs to seek legal advice because I am pulling out of a "contract" when all that was given to me was an estimate on a purchase order form. No where does it say any details of what I can't or cannot do, in fact there are no details whatsoever.

I can upload a photo of the "contract" if needed.

I don't know if this is the right place to be posting this or not. But honestly, who do you think is in the wrong?
get your money back broke to many times contract is not good any more , good luck i think you are out the first money tho , try the court thing now
del schisler is offline   Reply With Quote
Old 07-15-2016, 08:41 AM   #10
Member
 
Join Date: Feb 2016
Posts: 2,448
Rewards Points: 564
Default

Re: Contractor issue


He's already spent your money. If he's a legitimate contractor you will get it back. You also changed terms by changing the job or shingles. Do not pay contractors in advance. I feel it's ok but I don't do it, to pay for materials once they are on the job but never in advance.
BayouRunner is offline   Reply With Quote
The Following User Says Thank You to BayouRunner For This Useful Post:
Gymschu (07-15-2016)
Old 07-15-2016, 09:33 AM   #11
Member
 
Join Date: Nov 2012
Location: Hamilton, Ontario
Posts: 736
Rewards Points: 1,178
Default

Re: Contractor issue


Quote:
Originally Posted by BayouRunner View Post
He's already spent your money. If he's a legitimate contractor you will get it back. You also changed terms by changing the job or shingles. Do not pay contractors in advance. I feel it's ok but I don't do it, to pay for materials once they are on the job but never in advance.


We take 10% when you sign the contract and 10% more when we show up. Contractors are not banks, down payments are fine and show a level of commitment on both sides.

Let's say a job is worth $5000. Why should I trust you to owe me $5000 when you won't trust me with $500.
oh'mike and craig11152 like this.
PatChap is offline   Reply With Quote
Old 07-15-2016, 11:03 AM   #12
Member
 
craig11152's Avatar
 
Join Date: Jun 2015
Location: Ann Arbor MI
Posts: 1,991
Rewards Points: 1,220
Default

Re: Contractor issue


Quote:
Originally Posted by PatChap View Post
We take 10% when you sign the contract and 10% more when we show up. Contractors are not banks, down payments are fine and show a level of commitment on both sides.

Let's say a job is worth $5000. Why should I trust you to owe me $5000 when you won't trust me with $500.
When I was in the business our policy was 50% at the start of the job. That meant a crew was there to physically start. Often times the shingles, felt, ice shield were already there on the roof. During the busy time of year we often scheduled delivery's a day or two in advance. An early delivery was on our dime as we still didn't ask for the 50% check till we were ready to start that day.
__________________
Don't look at me. I didn't vote for either one of them.
craig11152 is offline   Reply With Quote
Old 07-15-2016, 11:32 AM   #13
Member
 
Join Date: Feb 2016
Posts: 2,448
Rewards Points: 564
Default

Re: Contractor issue


Quote:
Originally Posted by PatChap View Post
We take 10% when you sign the contract and 10% more when we show up. Contractors are not banks, down payments are fine and show a level of commitment on both sides.



Let's say a job is worth $5000. Why should I trust you to owe me $5000 when you won't trust me with $500.


I understand what you are saying but the dishonest ones ruin it for all of us.
BayouRunner is offline   Reply With Quote
Old 07-15-2016, 03:57 PM   #14
Newbie
 
Join Date: Jul 2016
Location: San Antonio, TX
Posts: 3
Rewards Points: 6
Default

Re: Contractor issue


Quote:
Originally Posted by del schisler View Post
get your money back broke to many times contract is not good any more , good luck i think you are out the first money tho , try the court thing now
Yes. I feel as if I'm being given the runaround with him saying he needs to seek legal advice and my patience is running thin already. If we can't figure out a simple way to do - such as getting materials delivered (if purchased) and having the difference refunded, I'm just going to file a small claims case on Monday.
erlindasanchez is offline   Reply With Quote
The Following User Says Thank You to erlindasanchez For This Useful Post:
oh'mike (07-15-2016)
Sponsored Links
Advertisement
 
Reply

Tags
contract , contractor , estimate , roof


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off





Top of Page | View New Posts