Questionable contractor but already signed contract

Questionable contractor but already signed contract

Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes

So my contractor, lets call him John, that I usually use is jammed packed until mid to late December.  On one of my properties, the carport roof needs to be replaced.  When I went to look at the roof there happen to be a contractor, lets call him Steve, working on a roof down the street.  I asked him to take look.  Steve's estimate seemed reasonable and he said he could complete the project in 1 day next week. So I signed the contract that states 850 deposit and 1500 upon completion.  I am suppose to give him a deposit on Monday.  Stupid mistake.  I have no idea if he's good or bad contractor.  No referrals.  I know nothing about this guy.

After speaking with John, my main contractor, a couple of red flags popped up.  The first was the Steve wanted to lay the new roof on top of the old rotten wood.  He said this would save cost.  Steve also  told me the roof was 3.5 square.  I asked John to take a quick look and see if what Steve is saying is legit.  John told me I should absolutley rip off the rotten wood.  The weight could cause problems down the road.  Also, John told he measured the roof at 2.6 square and I shouldn't be billed for more the 3 square.  

I called Steve and mentioned my concerns.  He said he couldn't remember the exact square of the property.  He did a lot of estimates that day and didn't have his notepad with him when we talked.  Steve also said he could rip off the old roof but it would cost another 400.  The total being 2750.  John quoted me a price of 2500.  Usually John is not the cheapest contractor, however I know he does good work so I don't mind paying more.  I trust him.  But in this case, John is cheaper!  Its a no brainer. I should wait until mid dec (its not an emergency) and have John replace the roof.  My concern is I already signed a contract.  I have not given him any money, but would I be subject to ligation?  What should I tell steve, and how should I handle this situation?

Also, another concern of steve is he looks like he just got out of prison.  He has tattoo's from head to toe.  I don't mind tattoo's but it does not look professional.  

Thanks for the help,

Christian 

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Contractor · Raleigh, NC · Member since 2014 · 651 posts · 510 votes
10y

In my non-legal opinion, you're not obligated to hire Steve. He suffers no real harm by you canceling, unless he 'special ordered' some materials,etc.  

But two points:

1. You should be careful asking the contractor you didn't hire to critique or assess the one that you did hire.  His is not necessarily an unbiased opinion. I have seen several cases where jealousy or resentment colored the assessment. 

2. When you receive conflicting information, verify things yourself i.e. measure the roof yourself to see the actual size, see if there is rotted wood and notice the conditions.  If it's so obviously rotted, why did you even consider allowing it to be covered up?

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  • Professional · Seffner, FL · Member since 2015 · 49 posts · 10 votes
    10y

    Check your state laws, and of course the contract.  Some contracts are not binding without "consideration" which would be your deposit.  Some states allow a "cooling off" period, where you can change your mind and cancel before any actual work gets done.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Cancel the contract, in a friendly way, just call, and send him an email....you're going a different direction.  The contract is likely binding, but it wouldn't make any sense for "Steve" to pursue it.

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    10y

    @Charles Socci Ok, I was planning on giving my attorney a call in the morning anyways to run this by him.

    @Wayne Brooks So you suggest a simple email keeping it as short as possible? I was thinking about telling him my main contractor said he's available to do the job.  I'm usually pretty good at delivering bad news, but I feel somewhat guilty.

  • Contractor · Raleigh, NC · Member since 2014 · 651 posts · 510 votes
    10y

    In my non-legal opinion, you're not obligated to hire Steve. He suffers no real harm by you canceling, unless he 'special ordered' some materials,etc.  

    But two points:

    1. You should be careful asking the contractor you didn't hire to critique or assess the one that you did hire.  His is not necessarily an unbiased opinion. I have seen several cases where jealousy or resentment colored the assessment. 

    2. When you receive conflicting information, verify things yourself i.e. measure the roof yourself to see the actual size, see if there is rotted wood and notice the conditions.  If it's so obviously rotted, why did you even consider allowing it to be covered up?

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    10y
    Originally posted by @Account Closed:

    In my non-legal opinion, you're not obligated to hire Steve. He suffers no real harm by you canceling, unless he 'special ordered' some materials,etc.  

    But two points:

    1. You should be careful asking the contractor you didn't hire to critique or assess the one that you did hire.  His is not necessarily an unbiased opinion. I have seen several cases where jealousy or resentment colored the assessment. 

    2. When you receive conflicting information, verify things yourself i.e. measure the roof yourself to see the actual size, see if there is rotted wood and notice the conditions.  If it's so obviously rotted, why did you even consider allowing it to be covered up?

     You make 2 very good points.

    1)  I can see this being an issue.  While there is no way for me to be sure its an unbiased opinion, I don't think John was trying to pursue the job.  He suggested a friend of his who could do the job if it needed to be fix immediately.

    2) I knew the roof needed to be replaced.  The thing has been leaking for years....I bought this as a foreclosure last year, so god knows how long.  I tried to put a couple of bandaids until I recouped some cash out of the property.  I am cash heavy now, so I figured its time to do it right.  I know the wood is rotten and honestly I never thought about not removing it.   Steve seemed so confident suggesting to leave it there.  Stating "its only a rental" and it should be fine for many years.

  • Real Estate Agent · Richardson, TX · Member since 2014 · 511 posts · 161 votes
    10y

    @Christian Bors Ask for a detailed Scope of work from every roof contractor. Ask them to break down labor and material costs. Each SOW should breakdown the number of squares, material being used etc. Although some people decide to add an extra layer of roof to save money, it's not good in the long run. Also, don't be cheap when it comes to replacing a roof. An extra 200-300 is worth it as long as you're hiring the right guy. 

    I just replaced a roof and I saved over 2K after shopping around with 5 different roofers. Always check referrals, this could have cost you a lot more money. 

  • Contractor · Los Angeles, CA · Member since 2015 · 4k+ posts · 1k+ votes
    10y

    @Christian Bors In CA, you as the client as well as the contractor, have 3 days to cancel, the first day is a day after the contract is signed and ends before midnight on the 3rd day. In any case, most contractors do not have an issue if you cancel a contract, specially if you didn't call them to visit your site and just happen to be there for pricing. Be sure to send a text/email and keep them, just in case of litigation, normally, you will need to send their office a certified mail cancelling the contract, but that's a waste of time and any small job in any small court will simply dismiss it, no harm no foul in your case, no money has been spent.

    Another point, even if they are the cleanest guys on earth doesn't mean that they can work good or do any better than anyone who has tattoo all over. One of my guys have too many tattoos, but he could frame and truss a 700 sf addition house in a day with two other guys.

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    10y

    @Account Closed I agree.  I try not to judge based on appearance.  You never know what you got.  Thanks for the info, hopefully PA will be similar.  

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    10y

    @Manolo D. just googled the law in PA

    § 517.7. Home improvement contracts

    (b) Right of rescission.--An individual signing a home improvement contract, except as provided in the emergency provisions of section 7 of the act of December 17, 1968 (P.L. 1224, No. 387)7, known as the Unfair Trade Practices and Consumer Protection Law, shall be permitted to rescind the contract without penalty regardless of where the contract was signed, within three business days of the date of signing.

    So I should be good.  Thanks for the help.  

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