I think I have a rock solid case on this one. But I wanted to toss this into the court of public opinion to make sure I am being fair. Please read and give responses if you wish. 
I hired a contractor to do 150 square foot of flooring for a dining area and adjoining hallway. The dining area is 120 square feet, and the hallway is 30 square feet. The work includes ripping up old worn out wood flooring (nailed not glued) and the subfloor. Then installing 3/4" playwood subfloor, hardiboard on top of that, and then generic ceramic tile to match the kitchen. Total bid was $1284, or about $8.56 per square foot. This seemed pretty reasonable to me, given the labor involved in removing the old wood floor.
I looked at 3 other contractors. I received bids from $700 to $3100, depending on replacement flooring type (carpet, tile, same wood). I threw out the highest and lowest after review, and chose one of the 2 middle estimates that seemed most reasonable. In addition, the contractor I hired came recommended by a local real estate group that contacts these guys all the time (they are just a local group in our area consisting of investors, realtors, vendors, etc..).
So the basic story is, he doesn't do the hallway. He just does the dining room, at 120 square feet. And he doesn't finish that. I had to put in the last 4 tiles myself, and do the caulking and paint for the base boards. He just never showed up to finish. His original estimate of 4 days (very reasonable for tile dry times) expanded into 14 days. Again, note he didn't actually finish this job in 2 weeks.
Our basic conversation went like this:
ME: Hey XX, I wanted to let you know that I finished the tile work last night (stayed up late, etc..). For some reason, on your last visit you did not install the last 4 tiles, or do the caulk and paint for the floorboards.
HIM: Well the tile guys I hired are normally reliable, but let me send you an updated invoice.
I get the invoice in the email, and low and behold, the amount due is almost identical to the amount as estimated! He wants all his money. I couldn't believe it. I decided to document everything, so I wrote him back expressing concerns over the lack of finishing, and why 30 square foot hallway was left out of the job. He writes back that he discounted for the 30 square feet and his $50 trip charge, but he added in his usual 20% 'Overhead and Profit' charge. He never had a trip charge on his original estimate (pdf format), and we never discussed or agreed to this. Same with overhead charge. This guy is just unbelievable.
So I wrote back the following message:
XX:
I have compared both the estimate and the invoice. I have a few comments.
I do not see a trip charge on the estimate or the invoice, nor remember
speaking about one or agreeing to one at any time.
There are several differences between the estimate and the invoice.
Mainly, the materials costs were overestimated on the estimate. On the
invoice, they are reduced in some cases, but a 'new' overhead charge of
20% appears. I want to know where the 20% overhead charge is on the
original estimate. I do not ever recall agreeing to this charge.
I think the facts are pretty clear. The original agreement was for 150
square feet of work. You performed 120 square feet of work. The work you
peformed was not finished, and I had to finish the job. It was not
finished in anywhere near the time frame that was discussed of 4 days.
For you to continue to ask for the amounts originally quoted for the 150
square feet when you did not even complete 120 square feet is
disingenuous. I expected a pro rated invoice based upon your original
estimate, discounted for 1) the 20% reduction in scope of work performed
as compared to agreed upon, 2) the fact that you did not complete even the
work that you started, and 3) the fact that you did not live up to
anywhere near your original time estimates.
I am willing to send $952 for complete payment for your services. This is
calculated by me as follows:
Original estimate = 150 square feet at $1284.00
Prorated for 120 square feet of actual work = $1027.20
Credit for unfinished work of 4 tiles and base boards = ($75)
Total Invoice = 952.20
I am prepared to remit this payment immediately. If you feel this is not a
fair amount, then I suggest we contact an arbitrator to resolve our
differences. Or you can elect to take me to small claims court, where I
would be happy to present my case to the judge.
Regards,
I am hoping he responds well to this. I don't mind going to court, but it's just a pain in the ass. I also called the real estate group and found out that during the time he was working on my property, they dropped him from their list of recommended contractors. Apparently, the complaints have started pouring in. And he owes them 'quite a bit of money', according to the vendor manager. So, I wasn't too happy about that. They are going to try and help me resolve this, but most likely, I am on my own.
Cliffs:
Hire a 'recommended' contractor
He botches job
He takes forever
Is impossible to reach
Wants all his money
I find out he has been screwing other customers, and the real estate group
I offer a fair counter proposal, and I tell him we will have to go to arbitration, or he can take me to court if he wished.
I hired a contractor to do 150 square foot of flooring for a dining area and adjoining hallway. The dining area is 120 square feet, and the hallway is 30 square feet. The work includes ripping up old worn out wood flooring (nailed not glued) and the subfloor. Then installing 3/4" playwood subfloor, hardiboard on top of that, and then generic ceramic tile to match the kitchen. Total bid was $1284, or about $8.56 per square foot. This seemed pretty reasonable to me, given the labor involved in removing the old wood floor.
I looked at 3 other contractors. I received bids from $700 to $3100, depending on replacement flooring type (carpet, tile, same wood). I threw out the highest and lowest after review, and chose one of the 2 middle estimates that seemed most reasonable. In addition, the contractor I hired came recommended by a local real estate group that contacts these guys all the time (they are just a local group in our area consisting of investors, realtors, vendors, etc..).
So the basic story is, he doesn't do the hallway. He just does the dining room, at 120 square feet. And he doesn't finish that. I had to put in the last 4 tiles myself, and do the caulking and paint for the base boards. He just never showed up to finish. His original estimate of 4 days (very reasonable for tile dry times) expanded into 14 days. Again, note he didn't actually finish this job in 2 weeks.
Our basic conversation went like this:
ME: Hey XX, I wanted to let you know that I finished the tile work last night (stayed up late, etc..). For some reason, on your last visit you did not install the last 4 tiles, or do the caulk and paint for the floorboards.
HIM: Well the tile guys I hired are normally reliable, but let me send you an updated invoice.
I get the invoice in the email, and low and behold, the amount due is almost identical to the amount as estimated! He wants all his money. I couldn't believe it. I decided to document everything, so I wrote him back expressing concerns over the lack of finishing, and why 30 square foot hallway was left out of the job. He writes back that he discounted for the 30 square feet and his $50 trip charge, but he added in his usual 20% 'Overhead and Profit' charge. He never had a trip charge on his original estimate (pdf format), and we never discussed or agreed to this. Same with overhead charge. This guy is just unbelievable.
So I wrote back the following message:
XX:
I have compared both the estimate and the invoice. I have a few comments.
I do not see a trip charge on the estimate or the invoice, nor remember
speaking about one or agreeing to one at any time.
There are several differences between the estimate and the invoice.
Mainly, the materials costs were overestimated on the estimate. On the
invoice, they are reduced in some cases, but a 'new' overhead charge of
20% appears. I want to know where the 20% overhead charge is on the
original estimate. I do not ever recall agreeing to this charge.
I think the facts are pretty clear. The original agreement was for 150
square feet of work. You performed 120 square feet of work. The work you
peformed was not finished, and I had to finish the job. It was not
finished in anywhere near the time frame that was discussed of 4 days.
For you to continue to ask for the amounts originally quoted for the 150
square feet when you did not even complete 120 square feet is
disingenuous. I expected a pro rated invoice based upon your original
estimate, discounted for 1) the 20% reduction in scope of work performed
as compared to agreed upon, 2) the fact that you did not complete even the
work that you started, and 3) the fact that you did not live up to
anywhere near your original time estimates.
I am willing to send $952 for complete payment for your services. This is
calculated by me as follows:
Original estimate = 150 square feet at $1284.00
Prorated for 120 square feet of actual work = $1027.20
Credit for unfinished work of 4 tiles and base boards = ($75)
Total Invoice = 952.20
I am prepared to remit this payment immediately. If you feel this is not a
fair amount, then I suggest we contact an arbitrator to resolve our
differences. Or you can elect to take me to small claims court, where I
would be happy to present my case to the judge.
Regards,
I am hoping he responds well to this. I don't mind going to court, but it's just a pain in the ass. I also called the real estate group and found out that during the time he was working on my property, they dropped him from their list of recommended contractors. Apparently, the complaints have started pouring in. And he owes them 'quite a bit of money', according to the vendor manager. So, I wasn't too happy about that. They are going to try and help me resolve this, but most likely, I am on my own.
Cliffs:
Hire a 'recommended' contractor
He botches job
He takes forever
Is impossible to reach
Wants all his money
I find out he has been screwing other customers, and the real estate group
I offer a fair counter proposal, and I tell him we will have to go to arbitration, or he can take me to court if he wished.
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