Page 1
Page 1
Started By
Message

When can I fire a contractor on a fixed price job?

Posted on 10/31/23 at 8:46 am
Posted by tadman
Member since Jun 2020
4831 posts
Posted on 10/31/23 at 8:46 am
So we are 8-ish weeks into a 2-3 week job painting cabinets and walls. It's a fixed price contract. We have paid ~85%. The work is okay at best, but there are mistakes and problems all over. I have had him in to fix some mistakes and he has an excuse for everything. Overall it's been a bad experience of lateness, no-shows, oodles of excuses. I want this guy out of my house and will fix the rest of the mistakes by myself.

Can I send him a letter showing the remaining mistakes and tell him to buzz off on the remaining bill? How do I avoid a lien on my house?
Posted by idlewatcher
Planet Arium
Member since Jan 2012
87232 posts
Posted on 10/31/23 at 8:50 am to
quote:

How do I avoid a lien on my house?


You can't. Anyone can drop a lien on your house within reason and you'll have to fight it in court.

I would have him fix the mistakes he's made as such and then tell him to buzz off and save yourself the 15% on the balance.

Friend of mine had a tile guy that dropped a lien on her house and she took him to court and won. You'll be required to show evidence obviously so snap a shitload of photos and video to show the substandard job NOT worthy of your price point.

Good luck sir and I know it sucks.
Posted by kengel2
Team Gun
Member since Mar 2004
32950 posts
Posted on 10/31/23 at 9:03 am to
Youre the owner, fire him whenever you want. Document everything.
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
7316 posts
Posted on 10/31/23 at 9:09 am to
quote:

Youre the owner, fire him whenever you want. Document everything.


Gotta read the fine print.
Posted by LsuFan_1955
Slidell, La
Member since Jul 2013
1893 posts
Posted on 10/31/23 at 9:55 am to
I just finished going through this with a remodeling contractor. His people did a substandard job on my home's siding. They also did window replacement and bathroom remodels. Every step of the project had issues. The siding was the last part of the project, and by then, like you are now, I was fed up. When they claimed they were finished and submitted the final invoice I told them to go pound sand. I wasn't paying them the balance for this work. Naturally they filed a lien on my house, which cost them almost $400. I know this because when it was resolved the company owner cried about what the lien cost him, and claimed I had to pay to have it rescinded. I didn't, he did. I have a long time lawyer friend who I contacted when this went down. He's retired like me, but he did hook me up with a very good real estate attorney. I visited with this attorney and up front he informed me that property liens in Louisiana expire every 12 months, and have to be refiled at an additional cost. He said that I could file a demand letter to the contractor and give him 2 weeks to make the work right, and after that, if he didn't make the work right I could hire someone else and deduct that cost from the previous contractor's contract amount. I went that route, the attorney charged me $500 to generate the demand letter and file it with the clerk of court. He also provided me with further advice as needed during this process. To make a long story short the contractor made the siding install right, corrected the other issues, in a very timely fashion I might add, and then asked if there was anything else as he requested the final payment again. I was satisfied, almost, at this point. I paid him for the work but with held 5 grand until he removed the lien from my house. He cried and claimed the home owner has to pay for that. I told him no, and he removed it. That cost him another 500. I also deducted my lawyers fee from that final invoice. He didn't complain about that, but I am sure he thought the lien would intimidate me into doing what ever he wanted. He found out otherwise. If you live on the north shore I can hook you up with this lawyer, if you feel you might need one.
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
21169 posts
Posted on 10/31/23 at 12:18 pm to
He won’t fight you for 15%. He’ll walk with your 85%, disappear, and you can do what you need to finish. Stuff like this always suck for the consumer.
FIL had and some buddies had to finish up about 15% of his house when building. He couldn’t touch the contractor.
Posted by doubleb
Baton Rouge
Member since Aug 2006
40421 posts
Posted on 10/31/23 at 4:24 pm to
Some things to consider when you hire a contractor at a fixed price.

1) make sure he’s insured. You don’t want to pay hospital bills for one of his workers.
2) only pay him for materials delivered to your property and for work performed.
3) ask for proof he had paid for materials he’s charging you before you pay him for those materials.
4) hold at least 10% retainage on all work until he finishes the project and after the lien period expires.

Any good contractor should have no issues with any of that.
Posted by cgrand
HAMMOND
Member since Oct 2009
43781 posts
Posted on 11/1/23 at 9:31 am to
quote:

4) hold at least 10% retainage on all work until he finishes the project and after the lien period expires.
yeah good luck with that. We agree to retainage only if we knew about it ahead of time and priced the job accordingly

it’s not an item we will agree to after pricing is agreed upon
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
38730 posts
Posted on 11/1/23 at 12:26 pm to
Do you have a signed contract with him?
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
38730 posts
Posted on 11/1/23 at 12:31 pm to
quote:

4) hold at least 10% retainage on all work until he finishes the project and after the lien period expires.



You don't pay your contractor the final 10% until a certain time has passed even if you're satisfied with the work? Or am I reading that wrong.

A contractor can put a lien on your house if you haven't paid a week after (no reason to do that unless you know for sure they don't plan on paying you) the job is done or two years after, there's not a lien period that expires. You have to renew the lien every year because they are only good for a year but you can put one on a home whenever you want if they haven't paid.
Posted by doubleb
Baton Rouge
Member since Aug 2006
40421 posts
Posted on 11/1/23 at 4:42 pm to
You pay him when he hands you a clear lien certificate with his invoice for the retainage. This is usually a set period after you accept the work.
Posted by doubleb
Baton Rouge
Member since Aug 2006
40421 posts
Posted on 11/1/23 at 4:43 pm to
quote:

it’s not an item we will agree to after pricing is agreed upon


Of course.
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
38730 posts
Posted on 11/2/23 at 3:47 pm to
quote:

You pay him when he hands you a clear lien certificate with his invoice for the retainage


Umm, the only reason he would be putting a lien on your house is because you haven't paid him. Pay him when the work is done and you won't get a lien put on your house Why would he remove the lien before he is finally paid? The reason the contractor put the lien on in the first place is because he wasn't paid. "O yea sure I'll go get the lien removed because you've really done a good job of paying me so far." The contractor should remove the lien once he is paid, it doesn't benefit him at all to remove it first.

quote:

This is usually a set period after you accept the work.


Well this just isn't true at all.
Posted by SUB
Silver Tier TD Premium
Member since Jan 2009
23368 posts
Posted on 11/2/23 at 4:37 pm to
I had a similar situation. Contractor did a terrible job, but in the contract, he had a penalty of X% of the total job for every week he was late. This was a 6 week job and I fired him at about 12 weeks in or so. I was tired at listening to excuses and I did the math in Excel, and if I was true to the contract, the contractor would have owed me LOTS of money, just in late fees. I told him that I'm not going to ask for all those late fees but will ask for about half of what the contract required to fix all the shite he screwed up. I sent him a certified letter in the mail with all the details of the money he owed me and why he was fired. I told him that we expect payment within so many weeks and if we don't hear from him, we'll dispute the charges on our credit card. We disputed the charges and got the money we wanted back, and never heard from him again.
Posted by doubleb
Baton Rouge
Member since Aug 2006
40421 posts
Posted on 11/2/23 at 5:52 pm to
quote:

Umm, the only reason he would be putting a lien on your house is because you haven't paid him. Pay him when the work is done and you won't get a lien put on your house


Ugh if he didn’t pay his subs or if he didn’t pay for his materials they can place a lien on your property too. That’s how La. lien laws work. Now if they are different elsewhere, I stand corrected.

quote:

This is usually a set period after you accept the work. Well this just isn't true at all.


The contract usually proscribes the lien period for that project, no?

Posted by cgrand
HAMMOND
Member since Oct 2009
43781 posts
Posted on 11/2/23 at 7:30 pm to
step 1 is to file the contract with the clerk of court, before the job starts. This is in effect a lien.
step 2 is file waivers of lien at each progress payment
step 3 is to file a final waiver of lien at the last and final payment. The “lien period” begins 30 days after the last payment application is filed

If the last payment is not made, the contractor is entitled to not clear the lien and go to arbitration or small claims. If work is in dispute, the owner is entitled to demand relief before the end of the lien period.

All of this is outlined in a standard lump sum contract between an owner and a contractor
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram