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Updated almost 6 years ago,
This is why contractors get deposits .
I have a basement to gut and remodel . Contract signed , permits in hand and right on schedule . Called the customer to tell him we would be there this morning ( right on schedule) . He tells me he has been busy and hasnt removed all the "stuff" from the basement . You can work around it or " You can start next week " I go over to the job with a sub to see whats left , nothing has been moved .
I had to explain to him "No that doesnt work .that things are scheduled , basement was to be empty of belongings per contract dumpster , materials delivery , plumber and electrician are set up . 'We are not packing his stuff up and moving it to a storage unit.
So I tell him to read the contract . I will be charging him for delays and lost time caused by him . And the finish date will be extended by a month , since we have other contractual obligations .
He isnt very happy and demands that we move furniture if I am billing him . " Sorry thats not in the contract , and we arent insured to move and haul furniture " Please refer to the contract , all that is covered including the extra charges .
The gentlemen says a few choice words to us . And he says I am fired , and wants his deposit back . I tell him thats his choice , please put that in writing and sign it . And I will return what he is due as per the cancellation clause in the contract . A few more choice words were thrown at us , he canceled the agreement in writing and demanded a check on the spot . Sir please refer to the contract .
In the contract it states that if the customer unilaterally cancels the contract the deposit is kept by the contractor as liquidated damages .
Now , I had 12 hours with design 3 trips to the house , permit fees , 6 hours lining up subs , materials , etc . Four days of work lost for 3 guys plus myself . ( lucky we could move the next job up a week ) plus the lost profit for the lost time (not the entire job) . Restocking charges for materials .
Now after I ran my numbers after losing this week and retaining the deposit I will be in the negative by a little . ( and yes my help gets paid its not their fault and they have bills) . I am sure I will hear more from this , but everything is in the contract as per Maryland state law. I will have to cancel the permit (no refunds) .
This is only the second time in 30 years a contract has been canceled . And this is why we use a contract .