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#9781 05/13/02 02:30 PM
Joined: Aug 2001
Posts: 2
A
Junior Member
I was called for a meeting at a jobsite to discuss (4) recess lights on the rear porch. The lights were suppose to line up with the center of the windows (2) and the side lights on the door (2). The framing for the porch would not allow my foreman to get the exact location for the fixtures. He tried to get the GC foreman to help, but the guy is a real *rick. He said,"thats your problem, handle it". My guy did the best he could (short of reframing the porch himself) and made the fixtures work out in an evenly spaced pattern. They ended up about 4" off from where they were suppose to. At the meeting, my foreman climbed up a ladder to indicate where the studs where stacked keeping him from placing the fixtures in the exact location. This only further agitated the *rick GC foreman and he proceeded to start making comments about the parking lot pole bases. I said, we are not here to talk about the pole bases, we are here to talk about the recess cans. Without further ado, he jumped in my face, chest on chest, and proceeded to shove me backwards. The GC Project Manager was standing beside me the whole time, he grabbed his employee and pulled him back. I said the meeting was over and left. I called the GC owner, explained what happened, and he proceeded to tell me that 1) I was a liar, and 2) I better get my *hit together or he was going to fire me. No apology, no I'll talk to the guy, nothing but belittle me and laugh. My lawyer and everyone else (wife included) says let it go, but now we are getting a fax every couple of hours nit picking us to death. Any thoughts on a line of action would be appreciated.

#9782 05/13/02 05:16 PM
Joined: Oct 2000
Posts: 5,389
S
Member
ah yes , another day in the trenches.... [Linked Image]
your options depend on where the money is in relation to the job,

1)-if you are anywhere close to being caught up, walk away and close with a 'job dispute' letter.

2)-suck it up, then hit 'em with extra's on everything contractually possible

3)-pursue legal avenues slower than the second comming, and almost as expensive..an 'arbitrator' is less $$ i believe.....

good luck!

[This message has been edited by sparky (edited 05-13-2002).]

#9783 05/13/02 08:02 PM
Joined: Apr 2002
Posts: 257
M
Member
It's always been my experience that the framers make the framing work for the light fixtures.

We don't do any new residential but we do a lot of retail. When we do stores requiring a lot of recessed lights I keep an eye on the framers (metal studs). When they start framing areas that have recessed lights that have to be laid out according to dimensions on the plans I work with them by laying out the light patern on the floor or on a string before they start framing. Sometimes the framers lay them out thierselves. Never the less, I always say that the framing can go just about anywhere, but the lights are going to be seen when the job is done. GC's that we work for have made framers redo a days work because they didn't allow for the lights that were clearly marked on the drawings.
I would say that your problem was caused by the GC's super not doing his job. He is there to make sure all trades work together and to make sure one trades work does not affect anothers.
If your lighting layout was marked on the drawing, I would say that you could beat the GC if it came down to it but maybe a comrimise would be the best course of action in your case, depending on what your relationship with the GC was in the past.

#9784 05/13/02 11:19 PM
Joined: Mar 2002
Posts: 60
J
Member
Well from the sounds of it the account is already gone. So I would complete what is on your contract and walk away. They will more then likely refuse to pay in the end. But just make a note of everything that you did and problems you have encountered, and how they were handled by the builder/GC. You will have no problems collecting from a court.
But for the next contract, be sure to add that fixture placement clause to your contract. [Linked Image]

James

#9785 05/15/02 06:32 AM
Joined: Nov 2001
Posts: 280
M
Member
I dont know how quick courts are to resolve disputes. I was deposed as a witness in a similar dispute and it went to court, to this day the Electrical Contractor has not received penny one form the GC/Owner. So I would not depend on them for solving the situation.
If you can reconcile in some way try that these protracted disputs serve nobody in the long run and whoever can hold out the longest usually wins, whatever that means, if you have to re-set the placement of the fixtures do that if just to assure yourself that you will get paid.
As frustrating as this probably is and you seem to be in the right, but if you get P***ed and walk away they can drop late fees on you, failure to complete penalties, The GC is holding all the cards, and if he intimidates you then he wins.
Just my opinion. Good Luck !
-Mark-

#9786 05/15/02 10:15 PM
Joined: Apr 2002
Posts: 257
M
Member
Depending on getting your money through the judicial process is not a good idea thats why I suggested a comprimise.

I've been awarded judgements against people, for a few hundred dallars in each case, and I still haven't gotten my money and probably never will. The truth is if someone or a company does not want to pay you, your not going to get paid without spending a great deal of time and money.

If I were you, depending on the balance of money/laborowed, I would fulfill my obligation, hope to get paid and not work frth GC again.


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