All Forum Posts by: Zach Amit

Having a hard time finding full service management in Kingston ny or the area... Any ideas?

Originally posted by @Bill F.:

@Zach Amit

Have your email focus on your end goal: getting the work done in the timeframe you want. I wouldn't bring up what he did/didn't do and what you did/didn't do. The details about how bad of a contractor he has been, while feeling good to say, only distract him from what you want him to do, ie finish the job.

I'd tell him something like this:

"Mr. Contractor,

I'd like to meet with you on xxxx at yyyy (7-10 days from now). When we meet, I'll inspect all of the work and expect the following items completed:

1. Trim the interior attic entry
2. install vinyl soffit piece that is missing outside, where the AC is.
3. Some of the insulation in the wall between the two halves of the attic was installed poorly and will likely fall off - please remedy that.
4. Fix the two points in the attic ceiling (where i pointed out to you) where there are holes.
5. Install lock in door between the two halves of the attic

After the inspection I'll deliver final payment to you in person. If upon this inspection I find the work incomplete or poorly done I'll hire another contractor to finish the project; however, I do not expect this to be the case. "

Pointing out his short comings, how he breached contract, and telling him you want him to sign a lien before you pay tip your hand. Handle all of that in person. Finish your inspection, hand him the Lien Waiver, and get out your check book like this is standard for you.  Once you cut the check and have the keys to your property tell him whatever you want. If he brings up the $1900, then explain to him the many ways in which he has breached the contract and if he wants to put a lien on your property, that's his choice, but you'll bond out of it and see him in court.

It seems like the contractor thinks he has the upper hand and is acting accordingly. Show him through your actions that you know how to handle yourself and are not afraid of his games. Once he sees that, I'd be willing to bet he backs down when he sees you won't role over and play dead.

 very very good advice, i appreciate it!

thank you!!!

@Manolo D.

sorry got the wrong form! downloaded the final payment one 

This document does not affect any of the following: Disputed claims for extras in the amount of: $

doesnt this make a problem for me?
thank you so much for the help, greatly appreciated.  

HEy @Manolo D. thank you for the forms! I'm a bit confused by this part:

This document does not affect any of the following:

(1) Retentions.
(2) Extras for which the claimant has not received payment.
(3) The following progress payments for which the claimant has previously given a conditional waiver

and release but has not received payment:
Date(s) of waiver and release:________________________________________ Amount(s) of unpaid progress payment(s): $_____________________________

(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of
contract, and (B) the right to recover compensation for work not compensated by the payment.


In my case, does it work?

thanks!
Zach 

Hey guys... thanks for all the comments!
here is the email I am going to send to him... please let me know if you have any notes!


I received the new bill you sent.

None of the changes you made were authorized by me. As per our contract - any alterations and changes need to be approved in writing.
You needed to consult me and get approval in writing for any change in the order. this is the first time I'm hearing of any changes. Once you've finished the work, and I approve of it, I will send you the payment (as per our original contract). You and the people you've hired will all have to sign a lien waiver before you get the check from me.
I upheld my side of the contract and paid you according to the schedule we both agreed to. I would need to know the exact date and time IN ADVANCE of when you're going to finish the work.
Please do not enter the premises unless approved by me at the exact times that we've set.

here are things that need to be finished:

1. Trim the interior attic entry
2. install vinyl soffit piece that is missing outside, where the AC is.
3. Some of the insulation in the wall between the two halves of the attic was installed poorly and will likely fall off - please remedy that.
4. Fix the two points in the attic ceiling (where i pointed out to you) where there are holes.
5. Install lock in door between the two halves of the attic

As a side note - i do not appreciate the amount of time it took to finish this work. when we signed the contract originally, you were estimating you would be done at the end of March. it is now may 9th and the work hasn't been finished yet.
Also, communicating with you had been unprofessional. no timely responses to texts and phone calls, no advance notice of what day you are going to work etc. at some point you actually called me annoying for trying to get you on the phone, I find that disrespectful.

Also, I find it odd that you sent me a text on April 30th you "finished" when you knew the wall in between attics was not insulated (you even said it to me on the phone), and then was surprised and "annoyed" when i told you i had notes.

Please send me options for dates in which you can come finish the work and I'll let you know what works for me.

in this instance, i doubt the contractor would sign a lien waiver. what should i do?

thanks for the replies guys! @J Scott how do i get Lien Waiver? do I need this if we have a signed contract? I doubt he will want to give me that if in this instance.

Hello.

I recently purchased a multifamily property in upstate NY.
I hired a contractor to renovate a part of the property, we signed a contract and i did my part in paying him on time. 
The process of working with this contractor has been troubling, we signed the contract in early march and only now he is finishing the work. all in all there were about 10 days of work done.
In the contract he put a clause about delays etc that protects him - so he is protected, although he said all the work will be done by the end of March. 

It's been a nightmare communicating with this contractor. he took forever to answer questions, would never pick up the phone or call back. when i asked repeatedly for him to call me back, he said i was annoying.

The work is now almost done and he sent me a revised "bill" that is 1900$ higher than the specified contract that we signed. (entire budget was 19K). the contract specifically says that any additional work / expenses need to be added in a separate contract and that would need to be signed.

He said he made an "aesthetic" decision and that cost more (without consulting me) and that the bill he got from the electrician was higher than expected (although i can't see why - both the electrician and the contractor came multiple times to make assessments before starting the work, and I have already upgraded the electric board prior to this work) again, without letting me know or asking my approval.

the point where i felt something was not right (besides the bad communication - very frustrating when you have tenants) is when i got a text from him last week saying that the work was done. upon inspection i found that he didn't do part of the job (insulation of a big part of the work) . when i sent him a list of corrections (including the insulation) he called me and said of course he still needs to do that. which left the impression that he was hoping i wouldn't notice. 
on top of it all, he is very reluctant to make any corrections to some of the work that was done poorly.

He is now calling me every day. I still have to pay him his last payment. at the point of writing this, i still haven't seen the final end of the work. (our contract stipulates he will get paid once seen and approved) 

I'm not ok with an extra 1,900$ charge for expenses i didnt approve.

Any advice?

thanks in advance, 
Zach

Thank you!