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All Forum Posts by: Kevin Scott

Kevin Scott has started 2 posts and replied 153 times.

Post: contractor on title in Washington state

Kevin Scott
Pro Member
Posted
  • Flipper / Buyer
  • Tacoma, WA
  • Posts 160
  • Votes 80

I am pretty sure this just changed I believe it was voted through by 100 percent of the vote.  You have to hire a licensed gc you do not need one on title.   It passed a week or two ago I believe.  In 07 when the first rendition of this rule started I was told to just hire a gc and I would be fine.  The law did change a little but it appears they clarified the verbage to say that you are not considered a contractor if you hire a licensed general contractor.

Post: ALWAYS PURCHASE YOUR MATERIALS YOURSELF or else!

Kevin Scott
Pro Member
Posted
  • Flipper / Buyer
  • Tacoma, WA
  • Posts 160
  • Votes 80

Last post was an accidental click my mistake.  Really old post.  I guess since I did post Ill comment on it.  Ian that is actually the worst way to do it.  Not that you will get called on it but you are actually directing them where to buy the materials and not allowing them to make a profit on it (at least thats what it sounded like)  That is exactly what the irs doesn't want.  You would be better off ordering it having it delivered to the job.  You can't direct a contractor where to buy the materials.  

IF you line item or put in your scope of work that part of the contract is for delivery of materials that you purchased that might fly and you probably are doing that but just thought Id clarify.

Biggest problem with everyone on this entire forum that has issues with contractors is usually they pay sub par rates and prices and expect the world.  Its amazing that someone that makes 20 bucks an hour sitting in an office expects someone doing somewhat dangerous work to work for 10 bucks an hour.  

Investors "when they buy right" should have no problems paying an extra 3 or 4 thousand for  a decent contractor  (that is what the contractor will make on a small to mid size job 10 percent sometimes 20 for retail) that could supply their own materials or not whatever but has employees that you would be proud to say they are working on your job.  That usually takes more than minimum wage, and usually they can get the job done for the same anyways especially when you do have more time managing or you have to pay a manager more for having to spend more time managing a job that would take less of their time with a decent contractor.

IF your worried about getting gouged do a cost plus fixed fee contract (best option but be careful with laws on this)  or a time and material contract with a max price.

And seriously anyone that tries to say they don't allow change orders is rediculous, not legal at all, even if its in the contract it would get squashed in court.  Of course the contractor that is hired is probably so poor for working on those projects they couldn't pay 10 bucks for an attorney to fight it.

Post: ALWAYS PURCHASE YOUR MATERIALS YOURSELF or else!

Kevin Scott
Pro Member
Posted
  • Flipper / Buyer
  • Tacoma, WA
  • Posts 160
  • Votes 80
Originally posted by @Will Barnard:
Originally posted by J Scott:
Apparently, the purchasing of materials (by the investor) was just one fact that led the court to determine that the contractor was an employee. I imagine there were many others (such as no independent contractor agreement, etc), but the materials issue was documented as one contributing factor.

I hear you in this example, which is my point. DONT have ANY other factors to contribute to this determination by the courts. If you have a contractors agreement (whicyh you should ALWAYS have, in explicit detail) and insurance, and your entity, etc etc there should never be this problem.

Originally posted by Pete Milano:
If after delivered your material is not correct (ie. wood doesn't match in size, color, warped, wrong cabinets) then the installation will not be correct. Ie. You purchased the material and you told the contractor to install it and that is what he will do. Who should pick up the tab when the contractor has to work longer or be on the job longer due to your involvement?

This is not how I operate. My contractor picks the items needed and in most cases, orders it from Lowes/HD, so all the items are ordered by him. Any mistakes are on him and my contractors agreement with him stipulates it. I only pay for it with my business credit account there.