I would like to share my story as my experience may help someone else avoid a similar nightmare. I hired a contractor in Panama City, Florida and it has been an absolute nighmare experience. Maybe your readers can learn from my mistakes.
1. I DIDN’T DO A BACKGROUND CHECK, and apparently neither did the State of Florida as this contractor never should have been given a contractors’ license with his history of felony convictions for grand theft and burglary.
2. MY FAMILY WAS TRICKED AND LURED INTO DECEPTIVE AGREEMENTS BASED ON THE CONTRACTOR’S MISREPRESENTATIONS AND FALSE CLAIMS THAT ARE NOW THE BASIS FOR HIS MALICIOUS LAW SUIT.
DON’T FALL FOR THE FOLLOWING LINES:
“tradeoffs don’t need to be put in writing”, “only things that I am charging you for need to be put in writing”, “I can only charge you for things that you sign for”, “tradeoffs and offsets aren’t chargeable change orders”, “I am an honorable man, trust me”, “I will give you an extra or upgrade at no extra charge for homeowner labor”, “I will do this extra or upgrade at no extra charge to attract more customers in the neighborhood”, “I need a payadvance to be able to make payroll”, “I am having financial problems and need your help”, “I am having maritial problems and need someone to talk to”, “if you don’t give me a payadvance then I will foreclose on your house.
3. DON’T TRY AND BE THEIR FRIEND, KEEP IT ALL BUSINESS!!: I baked muffins and brought pastries to the construction site to show my appreciation for their hard work. The sub-contractors appreciated the effort. However, the general contractor misunderstood my intentions and started telling me all about his marital and family problems. He really creeped me out and I stopped baking and avoided the construction site. He then harassed me by phone, when my husband was at work. He makes my skin crawl!
4. BEWARE OF A SMOOTH TALKER: My husband and I were absolutely played like a fiddle. I can’t believe that we were so taken in by him. But, he did all the right things to earn our trust. He always returned our calls, he would fix errors and problems with out complaint (at first anyway). He offered us upgrades that he claimed were to show his appreciation for money that we saved him and upgrades that he believed would help him secure additional contracts in the neighborhood. My husband asked that they be put in writing but he laughed and said. “Oh, I only need you to sign for things that I am charging you for, I didn’t ask for you to sign anything did I?” Now, those items that we accepted as they were clearly offered at “no extra cost” are now the basis for a big money lawsuit at way more than their actual value. ALWAYS GET CONFIRMATION IN WRITING OF ANY EXTRAS OFFERED TO YOU AT “NO EXTRA CHARGE”!!!
5. DON’T BE BULLIED OR INTIMIDATED INTO GIVING IN TO PAY ADVANCES TO YOUR CONTRACTOR: We were bullied into giving in to demands for pay advances early on. He begged and pleaded and claimed that he couldn’t make payroll without an advance, and would have to “walk off the job”. He also guilt tripped us by reminding us of the things that he was doing at “no extra charge”. Each time we refused, he stepped up the temper fits until it turned violent. Criminal charges were filed but the trial was cancelled as the sub-contractors wouldn’t testify against him. (no surprise there)
After the guilt tripping tactic was used, my husband told the contractor to forget about any extras that were promised and to “stick to the plans”. He did them anyway and now claims that we ordered the upgrades and then refused to pay him.”
6. DON’T BE FOOLED BY RELEASE OF LIEN DOCUMENTS: These are often given to induce a payment and may not be worth the paper that they are printed on. We were given one that said that the the sub-contractors and suppliers were paid to date to get his payment. He also claimed that was also confirmation of the extras being paid in full. Later when bullying for yet another pay advance he informed us that the lien waiver was no good and he held the unpaid sub-contractors and suppliers up over our heads until the final payment was made. This was used a leverage against the homeowners to prevent termination of the contractor. Homeowners were never late on a payment and we had the lien waiver but before the next payment was even due he filed a lien anyway. He went to a lawyer and claimed $25,000 in “oral directed change orders” for the “no extra cost items” that he had provided that were worth far, far less than that amount!! IN YOUR CONTRACT INCLUDE THE FOLLOWING “ALL CHANGE ORDERS HAVE TO BE APPROVED IN WRITING BEFORE WORK BEGINS” FOR CONTRACTOR TO BE ABLE TO COLLECT!!
7. DON’T PAY ALL THE MONEY UNTIL ALL THE WORK IS COMPLETE!! We made the final payment with the agreement that the contractor would come back and finish the repair items. We held out only ten percent of the final payment to be given to the contractor when the work was completed. As, soon as the contractor received his money, we received a nasty letter from his lawyer saying that he would not be doing anymore work, we were bamboozled again on the $20,000 repair job and the retainage is part of the law suit.
IF YOU MOVE TO PANAMA CITY, FLORIDA I SUGGEST THAT YOU RENT OR BUY A PRE OWNED HOME. BUILDING YOUR DREAM HOME MAY VERY WELL TURN INTO A NIGHTMARE!!
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