Contractor Dispute

[ultradev5]

What is the name of your state?What is the name of your state? Illinois

I am involved with a dispute with a subcontractor over services that were provided to me. I have two primary concerns with this subcontractor:

1. He provided substandard performance and overcharged for his services
2. I did not have an agreement for him to provide the service

My only agreement was with the general contractor. However, the general contractor is claiming that the services in question were outside the scope of the general contract and he does not want to be involved. I do admit that the services were beyond what was originally agreed upon, but when offered a separate agreement from the subcontractor, I rejected it as it was estimated at a higher cost than what was previously discussed. The subcontractor agreed the proposal was rejected, but stated he had already performed on a substantial portion of the proposal at this point. I had assumed that since we did not have an agreement, he would just bill the general contractor for his services already incurred. However, he is claiming that I owe him and will not pursue the general contractor. He has hired an attorney and we have corresponded only to consistently reiterate that I still have no agreement with the subcontractor for him to pursue. I have repeatedly asked for any evidence that a contract exists and the attorney persists in just asking for the money. I would like to claim that the subcontractor provided poor service and overcharged me, but feel that my claim of no contract should be sufficient to put this behind me.

In my last correspondence, I have stated that if no evidence is produced within 10 days, I will consider this matter resolved, and have not received any reply in the last 2 weeks until today at which he is again threatening action against me, such as filing a lien on my house. What recourse do I have at this point?

 

[SAK2000]

I work for a GC in California.

First of all, how much money are you talking about?

Although it is standard practice for subcontractors to perform work before an official change order is executed, they are taking a big risk since basically they are performing work without written authorization. However, if the additional work was agreed upon verbally, that can sometimes be tough to fight in court. If they have retained an attorney, you will more than likely need to retain one also to provide a response. It sounds like the subcontractor's attorney is only try to scare you because how are they going to file a lien on your house for work where there is no contract (written or verbal)? What is the attorney's response to you saying you don't have a contract? If you give me a little more detail, I will see what I can find out for you.

 

[ultradev5]

Thanks

The amount is approximately $600. I know that it isn't a significant amount especially to hire an attorney, but the subcontractor is a "unique" individual who occasionally has proven irrational. In any event, his attorney's response is that "an agreement is not revelant" since I did not stop the subcontractor from completing his work even after I rejected his bid and provided "implied consent." My position back to the attorney is the performance was substantially complete at the time the bid was rejected and I was not aware that the subcontractor was continuing on this work. After all, why would anyone begin work before an agreement was in place. It would have been difficult for the contractor to remove his work as he had installed wiring that had since been covered by drywall. If I were to assume the attorney was correct, I could not stop the contractor as he was substantially complete at the time of the proposal! Any insights that you can provide would be very much appreciated. I realize that this may not seem like a material amount to debate, but I always get alarmed whenever an attorney is involved, and I personally like to bring closure to my affairs. Amazing how much stressed this has caused me! I have been tempted to just pay it, but at the same time, I think it's important to do the right thing. Thanks again for your interest!

 

[SAK2000]

The reason I asked about the amount is because I was curious if it was an amount worthy of "small claims court." For $600, I wonder why the subcontractor would hire an attorney. The legal fees gotta be more than that.

If you didn't know anything about the additional work that was being done, then I don't see where they can calim implied consent. However, if the additioinal work was "obvious" ie, you can't exactly claim that you didn't know the subcontractor was doing framework if you see drywall being hung. Because you can't hang drywall without framework

If I were you, I'd make a quick phone call to a construction attorney. They might be able to give you some quick (and free) advice. Also, check the state contractors licensing board and the BBB to see if there are any other complaints against the subcontractor.

Please keep me posted.

 

[ultradev5]

Good advice

You bring up a couple good thoughts - I did check with the BBB and he checked out without any complaints, but I didn't think to consider the contractor's licensing board. In the event that I do uncover something, I'm not sure what I could use the information for as it may not be applicable in my case. No doubt it would cast some questions on his character, but I would doubt if there would be a pattern of similar issues.

I do have a question for you. Since I had stated in my last correspondence with his attorney that he had ten days to respond with corroborating evidence and the deadline has passed with nothing but a continued threat from his attorney, can I send him a final letter indicating that this matter is deemed closed? Is there any type of verbage that I can state to prevent him from continuing to send me these threatening letters?

Thanks again for your assistance!

 

[ultradev5]

Another thought

Do I have any legal remedies or relief to bring this to a closure and keep him or his attorney from constantly harassing me with these letters? (without having to pay, that is). In some ways, I feel he is continuing his letter campaign because he feels it will eventually wear me down - and he may be right as this has been prolonged since April of this year. He enlisted the attorney in September. Thanks!

 

[BelizeBreeze]

Did this sub appear magically upon the jobsite and begin working or were there conversations before work was begun, did you inspect the work, view the sub working or have any form of control over the sub?

 

[ultradev5]

Subcontractor

The subcontractor was brought in by the general contractor. The general had complete control over the sub throughout the project. The only concern is the general did not want to be responsible for this particular service - setting up a home theatre - since he did not have experience on this before and suggested that the sub and I begin a separate agreement outside the scope of the general contract. I encouraged the sub to present me with a proposal which he did, but the cost was exorbitant - over $2100, so I immediately notified him that I rejected his proposal which he has acknowledged. My issue is the sub had already run the wiring before he had faxed to me the proposal so I was not in a position to tell him to stop. (I was at work while the sub and the general were at my house). By the time, I arrived home, the wiring was already covered by the drywall. Since I did reject the proposal, I assume that I shouldn't be liable. However, the sub did add some additional work after this related to the home theatre, and I assumed that it would be charged to the general contract since no other agreeement existed. Because of cost overruns with my general contrator, we finally settled (amicably) for an amount less than his final estimate. Shortly after settling with the general contractor, the sub sends me an invoice for the home theatre costs. The sub was insistent that I had agreed to a separate billing. My point here is we were never able to reach an agreement. From the general's perspective, he assumed that we reached a separate agreement because he was unaware that I had rejected the sub's proposal so he is siding with the sub. Since there was never a meeting of the minds between myself, the general, nor the sub, I feel that there couldn't be any separate agreement beyond the general contract. Throughout the duration of the work, the selection of the subs, control, and oversight were strictly with the general. I always worked directly with the general. Please let me know if you need any more info or clarification. Thanks!!!

 

[Lorane]

Take the issue to small claims court. The filing fee is around $50.00 and no attorneys are allowed. This definitely sound like the sub is trying to scare you into paying him.

 

[BelizeBreeze]

Take the issue to small claims court. The filing fee is around $50.00 and no attorneys are allowed. This definitely sound like the sub is trying to scare you into paying him.

And once again Lorane is NOT correct.

The Illinois Supreme Court Rules provide that a CORPORATION may not appear as a plaintiff without an attorney, but may appear as a defendant through an officer, director, manager or supervisor. Corporate officers should consult with their lawyers regarding interpretation of this rule.

A Private citizen can be represented by council

 

[ultradev5]

Small Claims?

I'm not sure what financial claim I would have against him since I am claiming that we do not have a financial relationship between us. My goal is for him and his attorney to stop correspondence and accept the fact that there is no legal recourse against me. My fear is that he will pursue the lein against my property as he has threatened. According to the county, anyone can do so which makes me even more frustrated!

 

[HomeGuru]

And once again Lorane is NOT correct.

The Illinois Supreme Court Rules provide that a CORPORATION may not appear as a plaintiff without an attorney, but may appear as a defendant through an officer, director, manager or supervisor. Corporate officers should consult with their lawyers regarding interpretation of this rule.

A Private citizen can be represented by council

**A: the word is counsel such as legal counsel.
signed,

Sitting Bull
City Council

 

[BelizeBreeze]

To secure a lien against the property he would first have to prove a claim and then be able to substantiate that claim.

I would strongly suggest you settle this for the work completed since you have legally benefited from his work before the contract issue.

By the way, a home theatre, especially the kind you are describing which includes hidden wiring, CAN be more than $2,600 if done properly. In fact, I know of one that cost more than $35,000 for JUST wiring and accustics. That doesn't include seating construction, screen, speakers or the electronics to control the entire thing.

Offer to settle for $200 for the work completed. And do so in a Certified (RRR) letter.

 

[BelizeBreeze]

**A: the word is counsel such as legal counsel.
signed,

Sitting Bull
City Council

OOOOPS!

Signed,
Marion Berry
(wiping the snow from the nose)

 

[ultradev5]

Settle?

Thanks for the advice. I just want to clarify one point. I am not disputing that the work was done, but just not under a separate agreement. I believe the sub's work was within the scope of the general contract. That being said, the general contract is closed and settled (after another protracted disagreement) and I believe the sub should pursue the general who can try to file a claim against me. Again, I do not understand how the sub can have a legal claim against me since I had no legal relationship with him.