All Forum Posts by: Howie W.

Tom, of course anyone can be sued. I did not approve the work nor did my PM. It was disapproved and the MC did the work anyways. I find it hard to believe that any MC can come on your property and do work without your approval or your PM's approval and then charge you, sure, and then win a judgement. 

I saw the pictures from the invoice and just got model numbers today. They work at a snail's pace but want me to offer something right away. 

Exactly, and try to make sense of those numbers from MY PERSPECTIVE to make a fair offer. Every answer leads to another question. 

Karen, thanks for the reply. Most of those answers are above. 

I don't know who allowed access for installation - I am assuming the tenant. It's not an answer my PM as given, but a question I have asked. Considering how difficult it has been to get information to make an informed decision, this is probably a question not worth fighting. Honestly, my assumption is the PM didn't know until last week either otherwise they would have addressed the funds in Sept. 

As I stated above, I did not know it was installed until last week and the work was complete in September 2021. I live on the opposite coast. 

I did think it was "free", but not approving the work and not knowing for 6 months - I am not paying the mark up bill that was proposed. 

Working on a amical amount that is fair for all and removing the PM. 

That's my question - can the contractor sue and I be held liable for unauthorized maintenance to the property. I addressed the mechanics lien above. 

^Michael, thank you. Our contract is $250 without owner approval. The MC and PM and are in the same building, a few offices away, so I know there is a relationship there that isn't always beneficial to me. 

Just as an FYI, as I was trying to determine a fair price I asked for an itemized list of parts and labor, the MC came to me with two lines, one for parts and one for Labor - Parts $4,378 and Labor $3,072 for a total of $7450. Know that the invoice the MC received from the third party vendor was $6200 and the amount given to me via phone was $4750 - I rejected the breakdown of parts and labor. They did offer to reduce the amount of $7450 to $5075 (stating a 20% discount and a $512.50 fee they charged their own employee who made the mistake). 

Joe and Scott, thanks for the advice. I can move to the right a little - I'll let it lie a day or so and see what the PM says. I only sent my offer yesterday and I also want to terminate my relationship with the PM. If I agree to pay more, than I would want to be released from my contract early. 

Currently, we have a tenant whose lease ends 31 July, however, the contract between the PM and I is up 31 October. Releasing 3 months early would be something I could live with as I want to sell it. In my offer, I mentioned given the tenant 60 days notice and as much flexibility she needs to find a new place. It's unfortunate for her, but discussing the whole history of this rental, my PM, and the current market, it's probably better to cash in my chips and take the profit. 

Joe, as stated above, the numbers and information is conflicting and inaccurate/changing. This makes any decision difficult. At this point, I sent them my offer, I'll wait for a counter-offer and hopefully get a true and accurate number in writing. Discussing with my friend who owns an AC company, his opinion was pay for parts only - you are doing the labor. Then pay a portion of the parts, no more than 50%. I haven't received an accurate cost of the parts and/or one that seems truthful. 

Part of my frustration is conflicting stories or inaccurate assumptions from my PM. Al back and forth emails/calls - according to the Maintenance Company, a former employee approved the work order and sent it to a third party vendor - no details on how. This was in September of last year - why I received the notice last week, I haven't asked. 

There are a lot of numbers coming from the Maintenance Company and my PM, along with inaccurate or incomplete information. I want to note, according the Maintenance Company, they fined their employee $512.50 for the mistake. How they came to that number, I don't know. 

Personally, if the actual cost was $4750, which was told to me but no receipt and the PM stated he would take $1000, the employee paid $512.50, and I pay $1500, that remains -  $1737.50 to the MC who stated they would take $2000. Of course, this is working from the 3rd amount I was given.  

Drew, thank you. I have already given the PM notice to terminate our business. This is one of several mistakes, miscommunications, etc. over the last 10 years. The way the PM contract is set up made things difficult to cut ties. Discussing the situation with my other property manager (different state), friends who own and manage properties, and several other vendors who are install A/C (including a personal friend who owns an A/C company), they all felt was offer was more than fair. 

Tom, thank you. Yes, I have a lawyer. The vendor didn't rely on someone's authority, but their own.  - it was rejected by me and the PM company, but they did the work anyways.  

Let me add - after receiving the initial A/C quote, I rejected it, and told the PM to no longer use that Maintenance Company for anything. The A/C fiasco confirmed my suspicion, the Maintenance Company was finding other licensed companies to do the work and then "up charge" me. My Bill from the Maintenance Company was $7450, the bill from the actual vendor to the Maintenance Company was $6200. My PM should be going to the third party vendor directly. However, during our "negotiations" the PM told me the actual cost was $4750 (Note - after the fact I received a today quote for $4200 - this was from a previous vendor who had worked on the A/C and was familiar with it).