You get what you pay for!

[gusg]

Well I learned that lesson the hard way. I went with the low bidder by a bunch. I posted a little while back about power washing cedar. They said they would take care of what I perceived as damage when I was at work. It got worse. They stained the deck and it looks horrible. I could have done just about the same job taking the five gallon bucket and dumping it on the deck. Drips everywhere, missed spots, uneven coat, stain on the doorwall, stain on the vinyl siding, etc, etc.

Its a good thing I live on acreage with the way I was screaming when I looked at it. They didn't do everything they said they would and want to get paid! Fat chance. We have taken a couple of rolls of film to document the job.

When they call I am going to tell them that they are not going to be paid and worse yet I have to fix it. I don't want them to touch the deck again. This means stripping the whole deck and refinishing it.

I just hope that I'm not dealing with a couple of loonies that will come and do damage to my property or worse.

I will post some pictures when I get them developed.

Am I wrong for witholding payment? For not letting them try and fix it?

 

[njrqs]

GusG.

Yes hold payment until it is sorted out. They may need the option to have a go at fixing it although we both know that may never happen to your satisfaction.

Try and find a governing body like Master Painters or Master Builders or something (Hey I haven't the foggiest what they may be called over there) and see what they say.

If it was a proper quote job with terms and conditions you should be OK. If it was just a verbal agreement, you still have rights but they are more difficult to enforce.

Yes the Loonie factor worries me sometimes but these sort of clowns will have plenty of people breathing down their necks already.

Good luck

 

[wasabi]

Gus,

You broach a subject that I sadly know more about than tractors!

Don't waffle. Neil is right. You've (we've all) got to hold people (even clowns like these) accountable for what they promise (isn't that what a contract/agreement is?). I had a worse situation with a contractor for a remodel and chased his a$$ all the way into bankruptcy court. It would have been nice to collect the five figure monies, but it boiled down to the principal (no pun intended). Even though he fried himself like a squirrel who touches his tail to the electrical wire he is running across, I still feel ire when I think of it. No $$ /w3tcompact/icons/sad.gif

But, one redeeming thought....if you slow these guys down by throwing up a such a barrier for 'em, you might, even without intent, (to borrow a phrase if I may, Niel,) deter them from having at another bloke's pocket.

 

[patrickg]

One thing to think about is how a judge would view it in court, not how good it feels to "get even." It would support your "case" if you allowed them an opportunity to "make good." If you offer and they refuse, keep the money, guilt free. If they agree to make good on the job, give them a reasonable chance to do so. You might mention that it is your right to expect that they will be responsible to clean up their "mess" (spills, splatters, etc.) whether or not they want to try to complete the job in a satisfactory way to receive the agreed on payment and that you can proceed against them in court to recover damages as a separate issue from not paying for the job they did not complete in a workmanlike manner. They can't be expected to do a perfect job or even come close to your standards and yo havd a tougher burden of proof with no written specs but if the workmanship would be judged inferior by a prudent unbiased observer then they should not be paid, now or even if they try to make amends and still fall short of what a prudent unbiased observer deems marginally satisfactory.

It cost more to use lisc. bonded professionals but you don't often get crappy work and if you do you have leverage. Not much recourse when the con man drives away leaving your driveway or flat roof coated with used motor oil instead of the two coats of hi-grade space age sealer that was promised.

Patrick

 

[Argee]

Gus,
Are they licensed? In Michigan an unlicensed contractor performing work or service for over $450 (I believe that's the correct amount) has broken the law and does not have a leg to stand on in court. Even if they did an exemplary job, you could refuse to pay, and there is not a thing they can do about it legally. In the interest of fair play, I would give them the opportunity to correct their mistakes, and if still not satisfied, send them on their way without payment, reminding them that you are exercising your legal right.