This scenario, once again, is a reminder of the importance of a good contract. And signed change work orders. And checking details to make sure a job is done right. But now that it’s a full-blown problem, what would you do?
A busy client (married couple) contracted to have a bathroom remodeled. This included a soaking tub on an island in the middle of the room.
After the island was set and the tub installed, the tile installer pointed out to the contractor that the grout lines were not going to line up with tub. Small difference, but a difference. The tub wasn’t square with the bathroom. Somebody didn’t do their job of layout very well before the framing started and somebody else didn’t have a check list to follow when they did the framing check for square, plumb and level.
The contractor, to their credit, immediately called a meeting of all parties involved and worked out a solution that, while not perfect, would do the job and everyone seemed happy.
I mentioned above that the owners were busy folks. He was the one at the meeting to resolve the issue with the island and the tile work. She couldn’t be there. He okayed the solution and the plan was approved. But the contractor did not write a Change Work Order and get the owner to sign it approving the fix.
Next thing you know, the wife let the contractor know that she wants the tub torn out and straightened. Nothing else will please her.
Now we have a dilemma. Two people, two levels of expectation. Ever heard of that one before? The contractor has clear language in their contract that says that if one owner requests or approves a change on the job, they both approve it.
So what would you do? Tear out the tub, reframe, and reinstall? Negotiate? Hold your ground, and do what was agreed upon in the meeting?
There are two ways of looking at this:
1) If the contractor has clear language (as you say he does) that one member of the contract can make the approval and it is binding, and as long as there is also language that says that a verbal comittment does not preclude the contractor from moving forward and being paid for it, the contractor can say, “What does the contract say?”, and move forward with the project based on the acceptance of the husband.
2) The contractor may wish to look at the amount of time and money that it will take to litigate this action, if he pursues the contractual language. I am not saying that he should not follow the contract. However, without having pursued the change order, he has substantially weakened his position in the courts. He should, therefore, take a serious look at the cost of fixing the issue as per wifey vs. the cost of defending himself. If he has a binding arbitration clause in his contract that requires the arbitrator to be a non-attorney familiar with residential construction practices, this cost goes down considerably.
The customer needs to be satisfied or the relationship will deteriorate from that point forward. I would need more information about how hard it would have been to fix in the first place. It would seem that it could have been made right before the tile was set if it was just a matter of squaring it up. I have to assume it was more complicated than reframing and resetting the tub. We try to take the approach that the customer is always right. (Even when their wrong.)
I agree with Mike since a sincere effort was made to address the situation. If the husband did not agree to the solution, a fix at that time would have been less complicated and less costly. I would have a discussion with the wife to underscore the separate meeting that took place and as stated in the contract, approval was provided. I would conclude by saying we would have made the changes at no cost if the husband insisted. However since he approved, we would be glad to make the change you are requesting but it will need to be written up in a change order, signed and paid for in advance. If push came to shove, then maybe I would agree to a 50/50 split for the additional costs to correct this a second time.
I must also add a plug for Michael’s book – “Profitable Sales, A Contractor’s Guide”. I must say this is by far the best reference each one of us should read at least 3 times and then keep a copy in your top desk drawer. He describes in intimate detail the issues of presenting your proposal and how to protect yourself from the real issues bound to pop up just like the one described here. I am so impressed with his advice I have organized a series of meetings for key staff to discuss his “best practices” as thoroughly as possible. This chapter alone is worth the price of the book!
I tend to agree with Mike, however the main focus is that the contractor didn’t check his guy’s work (or subcontractor)for square. Can a quality contractor live with a “compromise” he made with the owner in order to save a few bucks, or does he save face by coordinating the most economic way of fixing the problem? Agreed, some fixes are more costly than others, but as a quality contractor with consience, I would be hesitant to get either one of the owners to agree to a “fix”, rather than do what is necessary to have a clear consience and walk away from that job without any clouds over my head.