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Construction Contract - Building Something out of Nothing

About Construction Contract

Previous Entry Construction Contract Jan. 27th, 2008 @ 12:15 am Next Entry
I entered into a construction contract back on August 17, 2007 with a contractor.

I asked specifically before signing if clean up was included in the contract and was told "yes, I'll clean up daily and I'll get a dumpster to take away all of the waste."

Here we are, 21 weeks after start date (estimated at 6 weeks) and there's no dumpster and no intentions of getting a dumpster. He swears now that he never said that. I know I should have gotten this in writing but I didn't...silly me. Anyone out there know if I've got a leg to stand on against him?
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From:cornellbox
Date:January 27th, 2008 02:42 pm (UTC)
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Have you paid him in full, yet? If you have, then don't think you have any leverage at all.
From:(Anonymous)
Date:January 27th, 2008 04:56 pm (UTC)
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He hasn't been paid in full. I have $3,000 left that I owe.

Here's a picture for reference though.



I didn't figure I had much hope. It's just a little frustrating.
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From:tysonian
Date:September 27th, 2008 02:59 am (UTC)
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Did you ever get this resolved? I see it's an old post, I deal with construction contractor and law on a regular basis. Typically judges in residential construction will favor home owners in gray areas where you wouldn't be well equipped to protect yourself. I would wager that unless cleanup was specifically excluded in your contract you would have a leg to stand on. You could have an argument that maintaing a clean and safe job site would fall under "workmanlike manner". Industry standard for contractors is to provide a broom clean depending on the division/discipline
From:joshnmaxsmom
Date:September 27th, 2008 02:39 pm (UTC)
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Hello,

Thanks for responding even if it is an old post.

We actually ended up in mediation, provided by the Illinois Attorney General's office. He agreed to come with a trailer and clean up the mess within 30 days.

This was such a nightmare of a construction case. The contractor actually left the job site on January 29 leaving his key behind. We had subfloors and paint on the walls and that was it. We've since installed the flooring, did the trim work, removed and reinstalled some of the windows since they were in wrong (no headers etc.), installed a new back door since he'd tore ours all up, and are in the process of re-installing the siding since it was falling off of the house and buckling all over the place.

I feel like, even with the mediation, he got off easy. If I could have afforded it I would have definitely taken him to court. Apparently in Illinois you can't get your attorney fees back in a contract dispute and the attorney we met with said it would be between $4,000 and $10,000 just to get to the first round of court.

The whole deal just plain stinks! On the upside, I can keep my eyes and ears open and warn folks about him I suppose....as long as what I say is true. I have hundreds of pictures to back up my claims.

Anyway, thanks again!
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From:tysonian
Date:September 27th, 2008 06:20 pm (UTC)
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what a drag! definitely use a standard contract (AIA) if you contract again, it prevents these kind of problems. sorry to hear about it but at least you got your cleanup, lesson learned.
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