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Construction material delays - contractor

Posted on 3/3/22 at 12:54 pm
Posted by glorymanutdtiger
Baton Rouge
Member since Jun 2012
3846 posts
Posted on 3/3/22 at 12:54 pm
I paid 40% upfront to a contractor for some outdoor construction. It has been 3 months and I keep getting told they haven't received the material yet.

Is this common now with the supply issues? Should I just wait or should I try to get my money back?

I just want the work done by spring. Really frustrated that it is taking so long. I want to know if this is normal
Posted by lnomm34
Louisiana
Member since Oct 2009
12625 posts
Posted on 3/3/22 at 1:04 pm to
quote:

I paid 40% upfront to a contractor


You. Did. What?!
Posted by FlyingTiger69
Member since Dec 2018
200 posts
Posted on 3/3/22 at 1:36 pm to
What is the scope of the project?
Posted by GeauxldMember
Member since Nov 2003
4406 posts
Posted on 3/3/22 at 1:54 pm to
What exact materials is he waiting on that it’s been 3 months? Unless we’re talking about specialty items, he’s full of shite.

And barn door after the horse at this point, but don’t pay up front. You’ve lost pretty much any leverage at this point. Generally speaking, if a contractor isn’t solvent enough to float materials until a draw, that’s a red flag.

Good luck!
Posted by Jack Daniel
In the bottle
Member since Feb 2013
25591 posts
Posted on 3/3/22 at 1:58 pm to
quote:

I paid 40% upfront to a contractor

Oh boy
Posted by Chasin The Tiger
Lake Travis, TX
Member since Sep 2012
577 posts
Posted on 3/3/22 at 2:00 pm to
you paid 40% up-front and it's been 3 months?

sorry to say, but your project will not be done and you won't see a dime of your money.
Posted by glorymanutdtiger
Baton Rouge
Member since Jun 2012
3846 posts
Posted on 3/3/22 at 2:01 pm to
It’s for an outdoor patio. I’m waiting on metal roof material
Posted by Jack Daniel
In the bottle
Member since Feb 2013
25591 posts
Posted on 3/3/22 at 2:09 pm to
Is it something special? I bought metal roofing same day from Reed’s metal a month ago
Posted by Drunken Crawfish
Member since Apr 2017
3824 posts
Posted on 3/3/22 at 2:11 pm to
quote:

I paid 40% upfront


Yikes.

It depends on what it is. Garage doors are 4-6 months out. Not sure what the scope is but if it involves framing and cement those shouldn't be holding you up.
Posted by felps22
Baton Rouge
Member since Aug 2011
470 posts
Posted on 3/3/22 at 2:43 pm to
Depending on the material, I am seeing lead times from a couple days to 6 months.
Posted by kengel2
Team Gun
Member since Mar 2004
30951 posts
Posted on 3/3/22 at 2:43 pm to
quote:

Is this common now with the supply issues?


I don't what he ordered, but yes, a lot of material is not available.

3 way switches are unavailable.

An electrical gear package for commercial buildings is 6 months out.

quote:

Should I just wait or should I try to get my money back?


Depends on how bad you want the work done?
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18934 posts
Posted on 3/3/22 at 2:44 pm to
It's too late but the rule is this:

1. Contractor pays for materials and collects payment ONLY (no matter how much he asks) at pre-arranged draws based on completion benchmarks.

2. Guy is a small-time business and says he can't front the materials cost. No sweat. Give me a list of what you need, I will buy it and have it delivered TO MY JOB SITE.

3. Other options? Nope.
Posted by 4LSU2
Member since Dec 2009
37354 posts
Posted on 3/3/22 at 2:52 pm to
quote:

I’m waiting on metal roof material


I ordered R panels for a 15,000 SF pre-engineered building roof replacement two weeks ago. Material was delivered to the site on Monday of this week.
Posted by glorymanutdtiger
Baton Rouge
Member since Jun 2012
3846 posts
Posted on 3/3/22 at 2:52 pm to
I just want the work done and I’m only wondering if the delay is normal or I got my self a bad contractor
This post was edited on 3/3/22 at 2:53 pm
Posted by glorymanutdtiger
Baton Rouge
Member since Jun 2012
3846 posts
Posted on 3/3/22 at 2:54 pm to
Hmm. I should probably ask him who is his supplier then?
Posted by Chasin The Tiger
Lake Travis, TX
Member since Sep 2012
577 posts
Posted on 3/3/22 at 3:45 pm to
you got a bad contractor....what material is he trying to get? You should know what type of roofing is going on.
Posted by glorymanutdtiger
Baton Rouge
Member since Jun 2012
3846 posts
Posted on 3/3/22 at 4:27 pm to
I’m looking at Aluminum frame with cedar posts
Posted by lnomm34
Louisiana
Member since Oct 2009
12625 posts
Posted on 3/3/22 at 4:38 pm to
quote:

Hmm. I should probably ask him who is his supplier then?



At a MINIMUM. Find out. Contact the supplier directly. Ask for some semblance of proof that there is an order for your project.

Good Lord, I hope you didn't get screwed.
Posted by 4LSU2
Member since Dec 2009
37354 posts
Posted on 3/3/22 at 9:31 pm to
quote:

Hmm. I should probably ask him who is his supplier then?


No. Demand a receipt of his material payment to the supplier. Based on the 40% payment you’ve made, threaten immediate legal action without this information by the close of business tomorrow.

Your time of asking is over. It is time to demand answers. Put this demand in writing with the proof of the processed/ cleared check issued to him 4 months ago. Document, document, document.

He has one of two choices tomorrow. He provides the proof of purchase of said material or returns your down payment for services not rendered.

Please report back with the name of the contractor, response, etc. pieces of shite like this give the good guys a terrible rep.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1587 posts
Posted on 3/4/22 at 10:09 pm to
quote:

threaten immediate legal action without this information by the close of business tomorrow.


While I completely agree with the sentiment, I'd start by asking how long it would take to get a refund? Read your contract's refund policy before you ask. If he says there isn't a refund policy, I would then learn exactly what the state contractors board has to say about refund policies and what is acceptable. If they say you don't have a leg to stand on, then you're in trouble.

Then I'd ask for the proof of payment to the supplier. I'd give him 48-72 business hours to produce this. THEN I'd threaten him with a complaint to the contractor's board. Having his license pulled is way more threatening than you suing him.

If it isn't a ton of money, he knows you would have to spend a ton on attorney's fees to get the money back. If you have FU money, go for it.

If it is a ton of money, and he really is a dirtbag, he would just have his LLC file bankruptcy and walk away from your debt.

There's no good answer in the likely event you've hired an a-hole.
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