Input on a contract

trap50 · 03-31-2005, 08:46 AM

I signed a contract for windows. It says they will be done in 3 days. Yesterday was the 3rd day. Not finished. They called this AM and told me if the other job goes ok they may have someone over this afternoon. If that doesn't happen then maybe fri. or Sat. It has me a little HOT. Any rights as a home owner on this one.

The patio door is what is in question plus some caluking. The windows according to contract were supposed to be put in with the flange on. They cut it off the door.

Chromaflage · 03-31-2005, 08:51 AM

You could discuss the issue with them and if you don't think that there is a fair resolution that you both can agree on, you can file a claim with the Oregon Contractors' Board: Oregon Contractors Board

That is, if they are a lisenced contractor. If not, the only source of satisfaction is through the court system. And, if you are completely displeased, you can file a complaint with the Better Business Bureau.

Just my .02

CrF

trap50 · 03-31-2005, 08:58 AM

I talked to the gal there and asked her to have the owner call,hasn't happened.

Bait O' Eggs · 03-31-2005, 09:05 AM

have you paid yet?

He who has the money for the project is the one with the most immediate power.

D$_KFalls · 03-31-2005, 09:07 AM

EDIT: I didnt' see the above responses before posting my response ... had to leave the computer. So, sorry if there's duplication. All of the above are good, and I'll stick with my original response.

I don't blame you for being hot. Be careful that you temper your response for two reasons: 1) give them the benefit of the doubt that they'll make it right with you; and 2) the old adage that you get more bees with sugar than you do with vinegar (or however it goes). Consequently, I never understood that one ... why would you want to attract more bees? Oh well. For another thread.

Anyway, unless the contract stated the penalty for not meeting the deadline, I don't know that you have much to go on in a legal sense, at least in terms of money. For example, a judge likely won't give you the windows for free just because they weren't finished when they were supposed to be. It still costs the builder to install them (by the way, if they installed them improperly and have to do re-work to meet the contractual specs, THEY have to pay for that). Other than a monetary penalty, what other consequence is reasonable for not meeting the deadline? Be prepared with the answer to that question before proceeding.

I would talk to the contractor's manager, and remind them that you have a contract, and the fact that they have other jobs is not of your concern. If other jobs potentially could have interfered with the work at your house, they should have planned accordingly and set the proper expectation, especially if they were signing a contract. It's one thing to say "we should be able to get it done by Thursday". It's another to sign a contract stating that the work WILL be complete by a certain date. And, remind them of any parts of the job that were improperly completed, and ask how they propose to remedy them.

One other question to ask yourself before you address this: If the work isn't done until the end of this weekend, what are you out?

Regardless of what route you choose, the contractor deserves to hear your feedback. Make sure you give them constructive input as to how they promised you a date and didn't meet it, even if you don't expect them to do anything about it.

Good luck, and let us know how it turns out!

D

Chromaflage · 03-31-2005, 09:09 AM

D$ -

Jsail · 03-31-2005, 09:15 AM

Cutting the flange will void the warranty of most manufacturers. It also voids any tax befit you may be eligible for. There are no R values for units without a flange. It's easier but it's not worth it.
Did they tape the flanges on the windows?
Who was the contractor?
Read the small print on the contract. It should say on there something like; "installed according to manufacturers specifications". You may want to call the manufacturer and see what they think about this kind of installation.
As was said, he with the money has the influence.
Check the contractors and the installers license.

Cool Texan · 03-31-2005, 09:54 AM

DK, actually you'll get a lot more bees with Raid. :grin:

D$_KFalls · 03-31-2005, 10:28 AM

See? That's more what I was thinking ... my mom and grandma never saw it that way though.

Bait O' Eggs · 03-31-2005, 10:45 AM

Bees and honey might be quaint, but the squeeky wheel gets the grease. Time to start squeeking if you need it done by a certain date.

Their may be a liquidated clause in the contract though I doubt it if the contractor wrote the contract, then you still need to prove you were damaged.

give or take a couple days, its construction and that is the way it works in reality. I would be concerned about the flange being cut off long before I would be concerned about the job being done on Wednesday or Friday.

Swamp Puppy · 03-31-2005, 11:05 AM

sorry to hear about that. i just finished building a house where i acted as my own general contractor. needless to say i had a few "run ins" with sub contractors or vendors dragging their feet.

first off, what D$ said is right on.

however, if it looks like things might get nasty i would recommend the state contractors board as a helpful solution. keep in mind however that the Board requires that you have notified the contractor IN WRITING about your intentions to file a claim at least 30 days prior to you being able to file. so, if they drag their feet i would say go ahead and fire off a letter (a nice professional one) to the owner of the company that informs him of your intent to file with the Board if the work is not completed by a certain time and to the proper specs.

send your letter certified and return receipt. also keep a copy for files.

-Ed

1pump · 03-31-2005, 01:06 PM

Quote:

They called this AM and told me if the other job goes ok they may have someone over this afternoon. If that doesn't happen then maybe fri. or Sat. It has me a little HOT.

Oh, boy. The old "other job" routine.

I've been on the short end of that one before. I can understand that the contractor needs to keep his crew working, thus the tendency to overbook, but mostly it's a sign of poor planning and organization.
The last time it happened to me it was one too many. The contractor kept no-showing and wouldn't call. I had to call hime every time to see where he was, and it was always some "other job" that had to get done first. OK, I can play that game.
When he finally got my job done I made sure I wasn't around to pay him. Didn't return his calls, either. After a couple of days I finally answered the phone and told him that I had "other bills" I had to pay first, but I'd get around to it in a couple more days. I think he got the point, since I didn't mail him a check until 2 days later and he didn't call me again.

baltz526 · 03-31-2005, 06:23 PM

being a contractor that installs windows occasionaly, for a contractor to write a contract saying three days to finish any job is the sign of an inexperenced contractor,or a very hungry one.and cutting off the flange can be required on some instalations if you are trying to match an interior wood finish, without redoing all the interior trim.and some windows will function fine without a flange. do not write the check till the work is done.

RvW · 03-31-2005, 08:19 PM

If this contractor is licensed, your recourse could include solicting another licensed contractor to complete the work PROPERLY, and in a timely manner... and the previous contractor who is now in default of his own contract (assuming it is in writting) will have to pay every penny of additional cost above and beyond his quote.

If he doesnt pay, his bond will!

Contact the oregon construction contractors board for more info. If this guy doesnt show up, or refuses to correct any part of the job that is improperly done, you have every right to hire someone else to do the work, and he is legally required to pay the difference.
I'd give him Friday to make good, let him know he is in default of his contract, and you will hire someone else to complete the work and file a claim with the CCB to cover any additional cost.

suckerfish · 03-31-2005, 11:04 PM

I had a contractor flake out on me a quarter of the way through a job. He under bid the job and decided he would get around to it when things slowed down. After months of failed negotiations with the contractor, I had someone else come in and finsh the work. Bottom line, the work is done! But contractor that started the job wants paid for the work he started. Between the first contractor starting the job and the second crew finishing things up the quote was about where we started. I am waiting to see if I will be going to court bacause of lack of payment.

suckerfish

suckerfish

2LEYS · 04-01-2005, 12:22 AM

Quote:

When he finally got my job done I made sure I wasn't around to pay him. Didn't return his calls, either. After a couple of days I finally answered the phone and told him that I had "other bills" I had to pay first, but I'd get around to it in a couple more days.

trap50 · 04-01-2005, 04:13 AM

I had 2 guys show yesterday afternoon. I told them how I wanted it done, no 1/4 round filling the void. They told me your paying good money and it should be done your way if possible. Showed them, they went to Kilgore came back with a peice of lumber installed the door. They couldn't figure out why they wouldn't do it like that from the git go. Anyhow the door is in now all that's left is caulking around some windows and molding around the door. Supposed to happen this AM. They will have close to 5days for a 2 day bid go figure. By the way, the company owner never had the b--- to even call. What a guy. Thanks all for the input.

Steelheadache · 04-01-2005, 11:12 AM

Trap50, I'm not a window contractor but I do sometimes work for homeowners. Since it's currently pouring down rain outside my office window, I have to wonder how watertight your window openings are that may have been stripped of trim/siding for the installation process but not resealed. Is there a potential for sheathing/ siding damage from leaving the work in the middle? A reminder of the contractor's potential liability for repair/replacement due to neglect of your project might be in order if there is.

trap50 · 04-01-2005, 11:43 AM

They got it finished just a little bit ago. I have aluminum siding. I don't think anything was wet. Waiting on word now from Milguard. The installer use foam in a can and I think there was a sticker about it voiding the guarantee.

1pump · 04-01-2005, 11:48 AM

That foam will expand with a lot of force when it sets up. If the installer wasn't careful with it, it could push a lot of things out of the way, like the siding and/or the windows.

Jsail · 04-01-2005, 02:13 PM

There are 2 types of foam in a can. The one they were using was more than likely the low expansion version.