Software
Houzz Logo Print
mamaandsage

fire electrician or let him finish?

6 years ago

Electrician didn't follow the plan for can lights. As the job has gone on I see he thinks he has more rights than the home owner. One day I was in the backyard with a gate guy and front door wasn't locked. The electrician popped over and even walked into the house to the back yard. We had a long discussion about how he was going to do the can lights and had a plan from a designer that I have through my GC. Designer said using our own electrician could save us $ and he assured us how he lives down the street and will take his time to make sure we're happy.


Instead of having him rip out all cans and fresh drywall and repair i decided to have him just move 2 lights that were 3 inches from pantries and live with the rest. I did the drywall repair.


He did a bathroom heater vent and lights for us in the past and he wanted the rest of the money before job was completed against agreement. Shame on me and I paid him (I'll say it before one of you says it- haha). He came back and finished no prob. This time he wanted at least $1k on the last visit and I told him "it's due at the end." He said "it's been 30 days." I gave him the check-shame on me, I know-I have this weird thing about being generous. Then I started thinking about corona virus and how if he wasn't able to finish the job there's no way we'd be able to pay the remainder to another electrician. I cancelled the check and called him and left a nice VM that we have had some disagreements reading the design but i feel he's trying to make us happy and we're working through it and we want to stick to the contract and nothing personal but if something were to happen to him we wouldn't have money to pay the next guy...


He leaves a msg saying we now owe $200 extra for the fire alarm he switched out and the cable line he pushed over since we're over 30 days and that we have a week to get job done. He knows very well we have to install doors, then floors, then island, then he comes to finish.


contract reads "payment to be made as follows: 50% down/ 1/4/ remainder upon completion, not to exceed 30 days." I can see where he thinks that means 30 days after invoicing but everyone i spoke with even the ROC says it's 30 days after completion. It also says no extra fees unless signed change order. he told me he was doing the 3 rooms for $4500 and never said there would be an extra fee for smoke detector or cable line. He said it was going to be pro bono but now it's not (now that he's mad).


I don't know that i want him back in my house with my kids and I unless we can work this out. he put the wrong can lights in kitchen, but the right ones in the next touching room, put permanent marker lines on my ceiling, didn't measure well and GC had to move an outlet under sink and vent hood outlet even though GC and I were trying to tell him we'd draw exact areas where everything would go and he had drawing.


Arizona. Repercussions of breaking contract?

thx!

Comments (6)

  • 6 years ago

    the last 25% would be the "remainder upon completion, not to exceed 30 days." He's taking that to mean that the whole amount should be paid within 30 days of something, whether invoice day or last payment or something, i don't know. Everyone I talk to says it means within 30 days of after the job is completed.


    I don't know that he's trying to play me with how angry he got. I think he really expected to get paid in full within 30 days and he thought that's how it was written. He also thought wrongly about the measurements of the design, though. He must've gut and pasted this contract from another electrician friend.

  • 6 years ago

    Sorry to hear about your troubles. I don’t have advice for you but I hope it gets resolved and that you are happy with the outcome.

    mamaandsage thanked eam44
  • PRO
    6 years ago

    You dont have to pay him what he had agreed to do complementary. Hope you have not paid him already. 30 Days payment means after the completion. There is no sense paying the full amount when he is prolonging the work.

    mamaandsage thanked CoolAir Inc.
  • PRO
    6 years ago

    The problem with learning from experience is that you get the test before you get the lesson.

    You clearly got bad advice from your designer. I suggest you provide appropriate "feedback" to them regarding their recommendation. The problems you are managing should have been the GC's problems--not yours--and all for the sake of chasing what could only have been modest savings in the best case.

    mamaandsage thanked Charles Ross Homes
  • 6 years ago
    last modified: 6 years ago

    My 2 cents, sorry it is probably too late to make a difference.

    I don't see grounds to fire him, you agreed to the resolution of problems and you can't now revisit those things.

    Whether you need to pay for additional work is a bit trickier. Generally, you are not entitled to free work, but since you had other problems that free work could be taken as accord in satisfaction of that. Which I would simply note that and go on.

    ---

    Here is the big one... you can't simply cancel (stop payment on) a check. I really wish banks would inform people about this before they let people do it. From your post, you are on the hook for any and all damages he suffered because you stopped payment on the check.

    When he responded that it had been 30 days and you gave him a check, you agreed to his interpretation, so there was a meeting of the minds. You can't revoke that unilaterally. So at this point, you are already in breach imo...

    However, even without the breach you can't stop payment on a check without facing damages, even if you were just being nice. There is a legal concept called detrimental reliance. So he could sue for damages including damages to business reputation, I have read about rewards many times larger than the check.

    Of course, that doesn't apply if the check was obtained by coercion or fraudulently but that doesn't seem to apply in this case.

    ---

    On the good side... he probably doesn't know this. So just let him finish and pay him.

    mamaandsage thanked bry911
Sponsored
CHC & Family Developments
Average rating: 5 out of 5 stars5 Reviews
Industry Leading General Contractors in Franklin County, Ohio