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My wife and I signed a contract with a contractor to remodel…

Hello, my wife and I...
Hello, my wife and I signed a contract with a contractor to remodel our kitchen. This includes building an island in the middle. We had a budget and the contractor acknowledge the amount we had and they said they can do it within our budget. 3 weeks past they think our slab has tension and needed sub contractor to come out to xray the slab to determine if it's tension. Well, the contractors are having us pay for the xray. Now, they are hiring a sub contractor plumber to cut the slab and install the plumbing under the tension rods. So, now our contractor wants us to pay for the plumber.
Questions: Are we responsible to pay for the xray and the plumber to break the slab to install the plumbing. It states in our contract that it will be all taken care of by our contractor, we are frustrated on why we have to pay for this. Please help!
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Answered in 1 hour by:
10/2/2015
Machinc
Machinc, General Contractor
Category: Home Improvement
Satisfied Customers: 1,028
Experience: Has written home improvement articles since 2008. Earned South Carolina Residential Builders License in 1991.
Verified

Their are of course legal questions about your contract that I cant answer but looking at it from a construction standpoint it sounds like the general contractor is trying to do the remodel correctly.

You did not say if the items in question put the job over budget. You quote the contractor saying they could do it within your budget . If this is in writing in the contract then it is reasonable of you to exoect the contractor to do so.

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Customer reply replied 2 years ago
it will put us over budget. Contract doesn't mention these extra steps to get the job done. Our contractor refuses to execute this work so they hired a sub contractors. Now they saying that we have to pay the sub contractor. Is this right?

If the contract is open ended (allowing for change orders ) and the possibility of added expenses over the budget then you should pay for those expenses. However if the contract calls for a locked in fixed price there should be no additional charges.

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Customer reply replied 2 years ago
It's locked in price. Contract doesn't have the clause stating allowing for change of order. Now work is on hold until we pay.

With those two options in mind you are still reaping the benefit of the additional work. In order to keep a good relationship with the contractor you will need to have a meeting to establish just what and why you should pay and whether or not this is going to put the job over budget.

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Customer reply replied 2 years ago
Price is already set in the contract we signed. My concern is since they don't want to do the work they hired a sub contractor and that made the price way over budget and now they are giving us there bill. I hired the contractors and if they need to hire a sub contractor why do I need to pay the sub contractor. Yes we will have to sit down and talk why we are we supposed to pay additional for this work that they never addressed while we were negotiating the contract.

If it is a reasonable amount and one you can live with it might

be best to pay the expenses and move on. However It is safe to assume that the contractor knew a slab was involved and a plumber would be needed when the contract was written. These ecpenses should have been anticipated and calculated into the cost from the beginning of the contract.

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Customer reply replied 2 years ago
it's in the contract that they will install plumbing and electrical including cutting the slab for the island. However since they found out the slab is tension they didn't want to do the work and hired sub contractor. This issue shouldn't be our fault since they never explained to us that cost will be higher if the slab has tension. We are really frustrated cause they keep giving us extra fees and we are over $5000 over budget.

Getting into a legal battle or dispute could leave you waiting a long time for your kitchen to be completed. Hopefully your contractor is licensed and insured as this gives you an advantage in settling the difference. A non licensed contractor is more likeky to stop the job in a situation like this.

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Customer reply replied 2 years ago
They are licensed.
Customer reply replied 2 years ago
we're going to dispute all these extra charges since they are not in the contract.

The contractor is giving an explanation of the added expenses

and if you feel it is just an honest mistake it might be in your best interest to pay and proceed as I said earlier..

Without knowing exactly how your contract is worded and what was said it is still safe to assume the contractor knew in advance a licensed plumber would be needed and the slab would be part of the expense. I know I sm repeating myself here but these are two important facts. I will be glad to answer any questions you may have .

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Customer reply replied 2 years ago
Thank you for now

Reading over your answers I feel your contractor is asking you to pay for their mistakes in calculating the job. It is nornal for them to hire sub contractors but you shoukd not be involved in that process.

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Customer reply replied 2 years ago
That's exactly how we feel.

I also suspect that your contractor may not be licensed. A fixed price us what is stated and you should not be asked to bear the cost of miscalculations on the contractors part.

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Customer reply replied 2 years ago
I will check into their license. Also explain to them your answers.

Sounds like work has stopped or is about to. The contract should have included their insurance information. You can contact the insurance company to file a claim for work improperly done or left incomplete

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A licensed contractors general liability insurance ( not their workmans comp) covers these kind of situations.

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Customer reply replied 2 years ago
We'll see in the morning and I'll check their insurance information just in case work will stop. It has been three weeks since they started the kitchen and nothing majr has been done.

Im sorry your remodel has taken this turn. Hopefully it will get straightened out quickly and amicably .

Machinc
Machinc, General Contractor
Category: Home Improvement
Satisfied Customers: 1,028
Experience: Has written home improvement articles since 2008. Earned South Carolina Residential Builders License in 1991.
Verified
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Customer reply replied 2 years ago
Thanks
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