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Thaitopher, and all other lawyers. A question

Posted on 2/21/22 at 12:41 pm
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 12:41 pm
In 2020, my wife and I entered into a contract with home contractors to renovate our house and they did a shitty job. So shitty of a job, that I told them unless they fix it they won’t be getting another dime from us (we paid half up front.)

The owners came to our house and were embarrassed of their work. However, they know if they fix their work they are going to lose a lot of money, and quite frankly I don’t don’t want to pay them another dime either. So we agreed to cut ties and we won’t take legal action against them as long as they don’t seek any further payment from us. A cutting of obligation for both parties.

The issue: They want us to sign the mutual agreement absent of their own notary. But there is a space where the owner is supposed to sign. They said they would notarize it once we notarized our end and mail the form to us completed with the owner’s notary. However it feels deliberate in that they want us to sign away our right to any legal claims before they sign it. They have even dodged a meeting at a notary. Do I have anything to worry about? You would think the contract isn’t backed by law until both signatures are provided where they are required right?

Feel free to delete after Thaitopher and legals give their unofficial professional advice.
Posted by TheJones
Member since Nov 2009
34510 posts
Posted on 2/21/22 at 12:54 pm to
Next time, just install your own sex swing. No need to get contractors involved
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 1:01 pm to
I have two left hands. Can’t.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
108276 posts
Posted on 2/21/22 at 1:16 pm to
I wouldn't sign anything without one, a lawyer reading the agreement and 2, where they want you to sign and then he signs and then gets it notarized, I would require them to be in attendance with you at a notary of your choice and they sign it first, and then you.

I also believe in all or most cases the notary needs to be present when you and/or the other party signs anyway.


I'm not a lawyer but I did sleep at a Holiday Inn Express last night.

I know a lawyer costs some money but it is usually worth the cost.
This post was edited on 2/21/22 at 1:18 pm
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 1:30 pm to
Rocky I don’t know how much leverage I have. They completed their job. Albeit shitty. They did cabinets, flooring, countertops and extended the den. Their job was poor. Cabinet handles aren’t even straight. Counter tops not even nailed down. They left scratches and holes in our brand new dry walls. The floor is already trying to run out the house.

However, again. I don’t know what kind of leverage I have. What if they say yeah our job was poorly done, but it’s completed so pay up. There aren’t enough negative reviews that can be done with 26 letters to satisfy how pathetic they have been.

I’m talking about a reputable company that has been seen in Tuscaloosa, Birmingham, Gadsden, etc and they follow storms a lot. This shite blows my mind.

Best case scenario. They complete the job the way they are supposed to do so which puts us out of our house for a while. I pay the rest that they are owed, and they lose money from fixing their mistakes.

Compromise: cut ties

Worst case scenario: Shitty job. I still owe 14 grand. Then pay to have their shite fixed.
This post was edited on 2/21/22 at 1:41 pm
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
108276 posts
Posted on 2/21/22 at 1:38 pm to
I would think you actually have a lot of leverage because you never paid them the other half. Even they are embarrassed by their work. Plenty of photos and documenting your conversations. Also the initial scope of work contract should have some wording in there concerning quality of work???

The fact they want to part ways and accept that you will not go after them in court says a lot about your leverage. However, I would not sign it under the conditions they are asking you to sign. At least I would not.

They know it's poor workmanship or they would have sicked lawyers after you already.
Posted by Awesome Dave
Auburn, AL
Member since Sep 2014
895 posts
Posted on 2/21/22 at 1:41 pm to
Maybe you should ask them to sign and notarize first.
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 1:44 pm to
I’ve done that a couple times. I have requested a meeting of the minds at a notary as well.
Posted by Awesome Dave
Auburn, AL
Member since Sep 2014
895 posts
Posted on 2/21/22 at 1:49 pm to
they sound sketchy.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
108276 posts
Posted on 2/21/22 at 2:06 pm to
Make sure to have a punch list, if you haven't already, of all the items you want corrected and/or redone and marry it with photos and videos.

You will always be able to say the work is incomplete and you will be happy to pay the rest of the contract once the punch list is completed, and the work meets expected quality of standards.


You can take it a step further and give a deadline you want all items addressed with a plan for completion or completed.
This post was edited on 2/21/22 at 2:10 pm
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 2:23 pm to
Thanks Rocky.

I definitely have a punch list. I like your perspective that it’s not completed if it’s not completed the right way.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
108276 posts
Posted on 2/21/22 at 2:26 pm to
Hope it works out.

It sucks to finally have the budget for something to improve your home, and then it isn't done correctly. Those kind of contractors should have a special place in hell.
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 2:39 pm to
They really do deserve their own spot there. We gave them business in November of 2020 and they have been a headache since then. I’m so tired of having them on my mind. My grandfather sued the pastor’s son/ contractor for quitting a walk-in shower renovation after starting it. Where the hell do I find this guy?


quote:

It sucks to finally have the budget

ISWYDH. I’m gonna let that slide
This post was edited on 2/21/22 at 2:42 pm
Posted by The Nino
Member since Jan 2010
21808 posts
Posted on 2/21/22 at 3:16 pm to
quote:

Next time, just install your own sex swing. No need to get contractors involved
Related thread
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
53809 posts
Posted on 2/21/22 at 3:30 pm to
Before you sign anything, request a copy of the contract you signed with them. There may be language in that providing you with a resolution.

They want you to sign the release to protect their own butts
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 3:46 pm to
I have my contract they gave me. They cannot find their own paperwork.
quote:

They want you to sign the release to protect their own butts

I know. If they think I’m gonna stick my neck out there for them they doubly suck.
Posted by ThaiTiger24
Member since Jan 2016
4247 posts
Posted on 2/21/22 at 4:37 pm to
I would either make them sign first and send to you to sign or mutually agree on a time and place for all of the parties to sign simultaneously.
I agree with your assessment- you shouldn’t sign first without their signature.
This post was edited on 2/21/22 at 4:38 pm
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 4:42 pm to
So you’re saying they could still screw me even though they never signed where they were supposed to sign. Wouldn’t the contract be meaningless then?
Posted by ThaiTiger24
Member since Jan 2016
4247 posts
Posted on 2/21/22 at 5:25 pm to
Did you already sign? I don’t think they can screw you. If they ever take you to court for no payment, you can use that contract as a defense even without their signature. I dont know state law in Alabama exactly but most state laws do not require a signature to form a valid agreement. If they drafted the agreement and sent it to you, they likely won’t be able to argue that no agreement existed
Posted by jangalang
Member since Dec 2014
50756 posts
Posted on 2/21/22 at 5:37 pm to
Those are good points. I haven’t signed anything yet but I am tired of dealing with these people.

I’m just gauging how vulnerable I’d be if I sent that anyways. Thanks man
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