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Odd contractor payment situation - please advise!

18 years ago

So, my kitchen and bath are FINALLY done! Well, 99.9% done. I had my contractor in the other day to finish up my "punch list" and was planning to make my final payment to him. I owe him around $6000, and I was planning to subtract a couple of hundred dollars from that for replacements for things that he and his workers ruined by being careless (ie, towels, bath mats, mouldings, etc). This was agreed upon by us both. Apparently, the contractor decided that some of the punch list stuff wasn't worth his time, so he left some small things undone (most notably, he didn't replace a ceiling light fixture that he broke, so I am going to have to hire an electrician to come install a new one). He also left an enormous (like over a foot long) scratch in one of my fridge panels, without even attempting to fill it in. Obviously, that will come off his final payment as well.

There was one other issue, though, that we hadn't agreed upon - the bathtub. It was scratched pretty badly and unfortunately, the patch doesn't look great. He paid for that to be done, but I'm still unhappy about it. I didn't want to go through the huge hassle of having him rip it out and replace it, though, nor did I want to risk any water-tighness issues that might arise from that. So, I asked his business manager what type of compensation he would be willing to offer for me accepting the damaged/patched tub. He replied that he realized I wasn't happy with some of the work, and said that I could name my price. ???!??!

So, now I need to "name my price" on compensation for the work that was poorly done or not done at all, plus the bathtub. I want to be fair about it, but at the same time I don't want to pay for things that weren't done to my specifications. What do you guys think is a fair way to calculate this? The bathtub itself was around $500, and I have no idea what the labor would have cost him if I'd had him replace it (not to mention all the tile he would have had to replace, etc). Also, how do I put a price tag on the gouged fridge panel (replacing it would mean disassembling half the kitchen), or the stove that doesn't fit flush to the wall, or the horrible grout job in the bathroom, etc etc?

I would love some help and guidance from all you smart and reasonable people on this board - thanks in advance!!!!!!!

Comments (9)

  • 18 years ago

    Get another contractor to come in and tell you what he will charge you to take care of ALL of the items left on your punch list. Try to have at least 2 come in. That is a fair way to do it. Check out how much it will cost to replace the fridge panel and replace the tub, too. Do not let his sloppy work and his lack of concern cost you money!

  • 18 years ago

    Well, I have no intention of replacing either the fridge panel or the tub, so I don't feel quite right charging him for those items. I was able to do a decent job on the fridge panel myself, and I'm not willing to tear up the kitchen and bath for those things. However, I do feel that I should be compensated in some way, especially since the patch jobs on both items may not age well and might require further fixing down the road. Maybe I could get an estimate and then charge him half that?

  • 18 years ago

    I think you're being too nice, especially since he's blowing you off. He's basically said that fixing this stuff isn't worth $6000 to him. I would tell him that your price is $6000. And be sure that will cover you. If you want to take the time, do the estimates--he really should fix the panel perfectly, and if you did it, you should get the compensation for it.

  • 18 years ago

    Why would you have to rip out half your kitchen to replace the fridge panel? Can you just order a new panel and put it on?!?

    It sounds like they're being nice about telling you to name your price. You should be nice in return. If you're not actually planning to get things fixed, except for the electrical issue, you shouldn't waste other contractors' time getting estimates - you should figure out a number that will make you feel good and not grumble every time you look at the scratches - but if you get too greedy about it, they may stop being nice.

  • 18 years ago

    The fridge panel is not a front panel, it's a side panel, and it's the side that is sandwiched inbetween cabinets. I would have to pull out the fridge, both side panels and the cabinet over the fridge plus all the moulding, etc to replace it - and I am not willing to do that! I did an okay job on the scratches with stain and some putty, so I was thinking that I would just deduct the actual price of the panel from the total (around $200).

    The bath, though, I really don't know. I worry that the patch will start looking really bad down the road and that I'll want to replace it - and that I'll wish I had charged my contractor the full amount it will cost. You're right about not wasting other contractors' time, though - I don't want to do that. Anyone on this site know what it should cost to rip out a tub and put in a new one? ;)

    The other problem with the tub is that drain doesn't work as it should, and I don't know if it's because they dumped paint and grout down it or it was installed wrong, but it's really annoying. I asked to have it fixed numerous times, but nothing was done. I'm thinking I might have to have a plumber come look at it, which will of course have to come off my contractor's tab. Grr. So frustrating.

  • 18 years ago

    Wow, your list of things gone wrong is mounting. It sound like the contractor wants out of your hair with his offer.

    If it were me, I'd want him to fix everything to my satisfaction (doubt he's capable of that at this point though) and wouldn't pay him one more dime if he didn't. Among all the other things, a patched tub that won't drain properly won't get any better with time and is the last straw. Take the $6000 and put it toward the fixes and I hope it's enough to do all that.

  • 18 years ago

    Could you fix the refrig panel scratch by having them install a skin (which they would have to order from the cabinet company) over the exposed area? This may or may not work ok/look good depending on how other cabinets, counter, etc adjoin this panel but it might be an option (and one with an easily identifiable cost).

    Get estimates for the work you WILL have done (like the drain and ceiling fixture) but I agree that you probably shouldn't bid out the rest of the repairs unless you plan to hire someone else to do them.

    Did you try asking on the bathroom forum about tub replacement cost?

  • 18 years ago

    for the tub--maybe find out what it would cost to have it recoated? (about $250, maybe $300) and have that deducted. Then either have it recoated now (though recoating means no suction cups, and a guarantee of needing to redo it in 3 or 7 years), or (maybe a better idea) put that $300 in the savings account so you can tap it if the patch *does* look worse.

    Though honestly, w/ a scratch in the tub, I think I'd make him replace, AND fix the water-tightness issues.

    If the scratch on the fridge truly won't show, I wouldn't ding him for it, but would use it as leverage to keep him from complaining about the stuff that I *did* ding him for.

    You might be able to get some other contractors to estimate a tub ripout and replace, over the phone.

  • 18 years ago

    I did ask about recoating, and it was around $400 (tried a couple of places for estimates), but I really don't want to do that - as you said, it will have to be done again soon. The patch is very small, so I can live with it for now, but I do worry about how it will age. If I trusted this guy to do a decent job on ANYTHING I would have him replace it, but he is SUCH AN IDIOT there's no way I will let him tear out the tub and replace it - I would have no guarantee that there wouldn't be water-tightness issues in the future. I think I will ding him for the cost of a recoat and just hold onto the money in case I do decide to have it coated down the road - that seems a reasonable solution. I'm also going to call a plumber to come look at the drain, and an electrician to replace the light, for which I will charge him.

    As for the fridge panel, perhaps I will just use it as a bargaining chip, but it really irritates me that he didn't even attempt to fix it, even though that was one of the major items on my punch list and I left all of the materials right there for him. It just boggles my mind that he cares so little about the $6K I owe him that he would purposely leave work undone. I wish I could be that nonchalant about $6k!!!!!!!!!