Curve balls...........hb

heatboy

I have a situation and need some advice. Yeah, I know what you’re thinking, “How does he manage to run a business?” I have been working on a commercial project with the owner of the building. I have yet to meet him face to face. All of our correspondence to date has been through E-mail and phone conversations. We have agreed on what I have proposed and he has recently made settlement and the project is a go. He has received no information other than the boiler, indirect and tube selection from me. Everything is cool except for the fact I have yet to receive a signed agreement. The other day I get a fax from some project management company informing me that there is a meeting this Monday (tomorrow) to go over time schedules, etc. WHOA! This is news to me. You guys know the deal. “Payment due on receipt” suddenly means 30 – 45 days. Amazing how that translates when GCs/PMs get involved, eh? Those of you from Pennsylvania know how things can get when L&I is around with all of their dog hoops.

Anyway, my little voice is screaming at me not to do anything until I get a signed agreement. Have any of you been a similar situation? What did you do? I don’t like when people get in between me and the owner (bill payer). I didn’t bid this project with the “GC aggravation clause” ;-) Thanks for the help, fellas.

hb


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Earthfire

no contract

with no signed contract you are donating at the PM direction. Get an attorney involved now to draw up papers. Latter it will cost a lot more and you won't get squat.

Wayco Wayne

You are right to be concerned

You should contact all involved with your concerns and deal with it up front. I they really want your services they will do what is necessary to make you comfortable. Commercial is another ocean than residential, and there's more sharks in the water. WW

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Mark Eatherton1

L.O.I.

Letter of Intent. That's what most GC's use. It spells out the intended base price and allows the project to proceed. If paramaters change, then so will the final contract amount. In the eyes of the courts, it's as good as an actual contract. As with ALL legal situations, run it by your attorney first.

G'Luck!

ME

Tony_8

been there, done that

and still waiting for final payment. Quite often turns into "you said, they said" situation. Take care of YOURSELF, they won't take care of you.

J.C.A._3

HB.....

Time for a "face to face" with the owner. If He's hiring you, work it out with him. If the General contractor is hiring you, that's another kettle of fish.(they both stink after a couple of days).

Get the particulars before signing ANYTHING!!!!! CYA my friend. Waiting to get paid means that your suppliers are also waiting to get theirs. The computers in their office don't know the difference! You may get shut off or curtailed because of the practices of the G.C. . Do you need that aggrivation? I think not.

Get the "payment confirmation " in writing FIRST. You and I both know the outcome when lawyers get involved. The only people making any money will be them.Motto"if you make money, I make money....If you lose money....I make money"

Cover your butt BEFORE the sweet talk turns to litigation. JMHO. Chris

Bill_14

In my opinion, you need to go meet the person you are quoting this job. It is a whole lot easier to make decisions after you have a one-on-one conversation with this owner.

I think that fax machines and electronic mail have really hurt a whole lot of business relationships. It is just too easy!


Bill

Paul Pollets

Careful!!

Never work without a signed contract spelling out the scope of work, terms and schedule of payment and get a deposit. 10-15% min will insure "good faith".

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John Jr

hb, I thought we went over this with our contracts? Don't do anything until you get a signed contract and a deposit from the owner. Use the payment schedule like the one I showed you it has worked for me for 8 years now. I would call the owner and ask him when he sent out the signed contract and deposit because you didn't receive it and his GC is calling you for a meeting to schedule your work. Stick to your guns about the contract. Be willing to walk away or kick yourself for not getting a contract.

John Jr.

Steve Thomas (Foley Mechanical)

Meeting

I've done a few jobs like this, and I don't think you need to be alarmed. From what I understand from your post this is just a time schedule meeting. If this is the case It's probably the best time to bring up that you don't have a signed contract yet, or to find out if you are the only bidder on the job. My point is that everybody involved usually shows up for these meetings, and by showing up for it does not mean you have committed to anything.

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Paul Mitchell

go with your feeling

works like this with us...especially landlords, property owners, and management co.
1. signed contract
2. deposit
3. payment upon completion...
do they have a 30 -45 day agreement for rent???

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