What's the discount for bad service?

What's the discount for bad service?

Investor · Saint Paul, MN · Member since 2012 · 128 posts · 56 votes

We had a big hail storm last year. As a result, I have an insurance claim for a new roof and siding on my home.

My contractor has been nothing but trouble. For example, the crew tore off siding before new materials arrived. There was a delivery delay, then the order fell through, then it took four weeks to get new siding. That was in November. I had scaffolding on my house for weeks, then snow arrived. The first crew quit, probably because they weren't getting paid, and it took a few more weeks for another crew to finish most of the job. I still have a punch list of repairs and some final work. The freezing weather has caused delays.

This whole process has been frustrating and a big waste of time. I had to keep calling the contractor to get status updates. He finally became responsive when I involved my attorney about the "abandoned project."

The good news is that I only paid a few thousand dollars to start the project. Most of the work is completed, but not fully inspected, and the punch list remains. Since this is Minnesota, the roof inspector won't be out until the snow melts.

The contractor wants some money because he's having cash flow issues. How he stays in business is beyond me, but I'm not paying until work is complete.

My question: what should I deduct for bad service?

What would you do?

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
12y

Depends on your contract, and what it says directly about delays and time schedules. Absent LD's specified in the contract, you'd probably have to show some actual financial loss. I doubt there is a bad service/unhappy deduct clause, unfortunately.

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  • Investor/Realtor · Hoover, AL · Member since 2010 · 1k+ posts · 459 votes
    12y

    @Susan Gillespie ...Ask for a 20% discount due to delays. He might walk, but you will be better off in long run...Def would not pay any $$ until job complete..

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    Depends on your contract, and what it says directly about delays and time schedules. Absent LD's specified in the contract, you'd probably have to show some actual financial loss. I doubt there is a bad service/unhappy deduct clause, unfortunately.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    12y

    Read your contract , weather delays and material delays are generally covered in a home improvement contract . I have never seen a contract from a contractor that allows the homeowner to deduct monies because of inconvenience . When the job is completly done done pay the amount due .

  • House Flipper · East Stroudsburg, PA · Member since 2013 · 1k+ posts · 205 votes
    12y

    You should consider paying a percentage of completion. The contractor is obviously out of pocket for the materials and paying his subs. The bad weather is usually covered in the contract. I'm sure your job would have been completed had it not been for bad weather and the supplies not being delivered on time was most likely beyond his control. I wouldl hold back some money to cover the punch work to insure the work is completed. Make sure you get a "Satifaction of Lien" signed or a document that indicates he was paid in fulll or it may come back to bite you. Not a legal opinion, just food for thought.

  • Investor · Saint Paul, MN · Member since 2012 · 128 posts · 56 votes
    12y

    @Wayne Brooks and @John Moore

    There is no contract clause for delays - or for making partial payments. He wants money (his motivator) and I want the work finished (my motivator). Thanks for your perspectives.

    @Rolanda Eldridge and @Matthew Paul

    I agree with your point about making payment for work when it's done. That's my only leverage. Asking nicely, then asking repeatedly, didn't work.

    I struggle with the idea that bad service costs the same as good. I think there's a middle road and am trying to figure out what it is.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    12y

    Here in Md we are governed my the Md home improvement commission , they dictate how you can sell ,what has to be on a contract , and what cant be on a contract . One point is a time frame to complete the work , but they do allow weasel clauses . the one thing they dont have control over is quality of the work , even the inspector for the county wont fail something for quality , They only fail something if it doesnt pass code . Your contract is where you need to start .

    Since there is no clause for a partial payment , dont give one , If he wont get off his a$$ and finish the job , have an attorney send a letter about job abandonment .

  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    12y

    don't front money for what you do not already have....ever. New show "to catch a contractor"...hosted by adam corolla on spike tv this sunday, I look forward to it.

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