Quote:
Originally Posted by Flatbutt1
Sounds like I'm in for a long haul. The only bargaining chip I can see is that my contract has "loose" language about the timing of the job, referring to it as "a reasonable time frame for completion". NJ law requires that the contract stipulate a start date and an end date or at least a period of time for completion of the work. My contract does not really meet those requirements. Yes I was less informed than I should have been. But this may constitute a violative contract and could provide me some leverage if I choose to go that way. My verbal discussions(yes useless in court) on timings were on the order of 8 to 10 weeks so we're not there yet. They could swarm me with workers and finish in that time frame so I'm going to wait and see.
But I can't find any legislation that would allow me to withold funds from the payment schedule in case of a dispute. Anyone know anything about that?
ahttp://www.njsbf.com/njsbf/publications/construction.cfmer
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You said you contract is short on details. Actually, here is CA, that would be a serious problem for the contractor, not you. I suggest getting on the Net and reading NJ contractors' law. I wouldn't worry a bit about not keeping up with the payment schedule. Our law stipulates no more than 10% down, or $1000, whichever is less, and no more than 95% of the value of completed work to be drawn against. IOW, you should be holding the cards until the final walk through.
I'll bet your law is similar. Knowing the law and your rights is good offense. Now, the last thing you want to do is act like a lawyer when you get this information. You can be subtle while negotiating the details left out, like hard completion dates.
If the contract is not complete, it's not a contract and you can break it. Howwever, in CA, verbal contracts will stand up in court. So, it's a matter of witnesses and who said what to whom. You don't really want to go there, but you need to know where the boundaries are.
Here's what I'd do: I'd set up an appointment on neutral ground. Maybe buy the guy a good hamburger and talk things out. No beer. If he comes across sincere, maybe you will find out what his problem is. If he promises to get on the ball and then doesn't, it's not likely he ever will. Fire him at that point. Document everything. Try to get a transcript of your meeting through a prearranged eavesdropper. Do not take your wife and do not show emotion.
Oh, and one more thing, it's illegal to commingle funds from various jobs. He has to be able to show you that YOUR material bills are PAID on time. Same with his subs and his own employees. You should obtain a labor and materials release form subs and materials release from any material delivered including mixed concrete.
A lot of this will scare away many contractors. At times, I think it's just too much trouble and look elsewhere. I know I'm honest, but sometimes the customer has reasons of their own to want all the i's dotted and t's crossed. It's hard enough to find a contractor that is competent, much less run him through the ringer.
It's definitely a 2-way street, so politeness and good communication go along way to getting the job done.
Hey, just thought of this. On my last job, every Saturday we worked, we were treated to a modest yet catered lunch. That went a huge distance toward bring up morale and mutual respect. Again, there was no alcohol.