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Question DetailsAsked on 5/16/2017

Guy quoted drywall replace foud water damage wants paid full quote including unused labor and supplies

We had a drywall job with visable mildew. Quoted removal of drywall, replacement, and paint. Under the drywall there was structural damage. Contractor wanted full price quoted including full 2 days labor not done and materials not bought since he couldnt finish "through no fault of his own" right there.
Is this how the quoting process works? If something major is found, im still out labor and supplies i dont get?

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If he did the structural repairs as well, then he should have charged the same as originally bid for the drywall part and painting - just adding on additional repair cost for the unexpected structural work.


If another contractor did the structural repair, but this one still did the drywall and painting - ditto, except you might owe him an adjustment for lost part or full day of work if he tore the drywall out, found the problem so could not put up the new drywall, then had to come back later after the structural repairs to put up the new drywall and do the painting.


If you did not use him at all, or only for the drywall removal, that is renegotiation time (and bring your insurer into it if this was covered by insurance payment). If you cut him off after the drywall removal, then that would be a matter for negotiation. I would say he should get fair payment for the time spent (at quoted rate), plus labor for any time in returning unused materials (you should be credited for any returns, minus his contract markup percentage), plus payment for any non-returnable materials including contract markup (materials to be left with you). No payment for materials not bought.


If he did no work at all - just a quote - then you owe nothing. If a contract was signed/quote accepted and the job scheduled but he did no work and bought no materials before the damage was found, then you would owe a negotiated settlement for contract termination - per contract if any contract Termination clause, otherwise commonly a day's labor charge (for this small a job) or maybe just his total expected profit on the job. This compensates him for the loss of planned/contracted work and is fair because there was no reason he could not still do his contracted work - albeit maybe with a delay between tearout and new drywall/painting.


Because this was your termination (not his fault) he could argue receiving his full expected profit, and maybe a day's pay or so for having the job unexpectedly cut off leaving a hole in his schedule. Your counterpoint would normally be change of conditions preventing the work from physically being done (called force majeur) - though you could have let him still do the drywall tearout and then do the drywall replacement after the structural repairs were done by another contractor (assuming this one is not in that field and able to do them too), so in his place I would not buy off on that excuse on your part unless there is a good reason he could not still do the drywall and painting after the structural repair is done.


Here is a similar issue question with answer which might help too -

http://answers.angieslist.com/Actual-...

Answered 1 year ago by LCD




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