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Posted
Yeah no way,  35% add on for a job that should have been half that from the start ?  What are you, a contractor ? 


I know a thing or two about the business. It’s a whole lot cheaper to just pay the guy something fair and reasonable to go away than going to court.
  • Like 1
Posted
10 hours ago, milkman said:

 


I know a thing or two about the business. It’s a whole lot cheaper to just pay the guy something fair and reasonable to go away than going to court.

 

Again, 35% is NOT fair and reasonable for a job any basic day laborer can manage.  I doubt a judge is going to award a contractor a 2-3 x judgement the going rate for a job that is he said she said. I could be wrong there are dumb ass judges out there though.

Posted
Again, 35% is NOT fair and reasonable for a job any basic day laborer can manage.  I doubt a judge is going to award a contractor a 2-3 x judgement the going rate for a job that is he said she said. I could be wrong there are dumb ass judges out there though.

 

Pay what you think is fair. It was just a suggestion to get rid of the guy.

Posted
7 minutes ago, milkman said:

 

Pay what you think is fair. It was just a suggestion to get rid of the guy.

So 'splain to me why 35% would be fair in your opinion please.  Apparently this was a guy who'd done previous work for the homeowner (thought I read that).

Posted (edited)
2 hours ago, Bozo_Casanova said:


He said he wanted avoid a fight, not run for President.

dude, give it a rest, it's Christmas. Keep the CR in the shitter where it belongs.  Merry Christmas btw.....

 

And I'm just fucking with you, that was pretty far down the list as CR goes.

Edited by Onboard 2.0
  • Like 1
Posted

In Texas for improvements to a residential homestead, there must be a written contract signed by the property owner and spouse.  This applies to all lien claimants. The "general" as well as any subcontractors. 

 

There is a "constitutional" lien but no one knows how it works. 

Posted
2 minutes ago, TwiceHorn said:

In Texas for improvements to a residential homestead, there must be a written contract signed by the property owner and spouse.  This applies to all lien claimants. The "general" as well as any subcontractors. 

 

There is a "constitutional" lien but no one knows how it works. 

So what does that mean ?  You can tell the contractor to pound sand ?  Doesn't sound fair, but they are the regulated business, and as such are held to professional; guidelines (allegedly).

Posted
16 minutes ago, Onboard 2.0 said:

So what does that mean ?  You can tell the contractor to pound sand ?  Doesn't sound fair, but they are the regulated business, and as such are held to professional; guidelines (allegedly).

Pretty much. They can file a lien that would be facially invalid and summarily removed with attorneys fees awarded. But most likely that's a settlement scenario. 

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Posted

Not really. Just no lien.

Contractor can still sue on oral agreement or other theories. Just can't place a VALID lien without written contract signed by both spouses.

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Posted
19 minutes ago, woohorn said:

Not really. Just no lien.

Contractor can still sue on oral agreement or other theories. Just can't place a VALID lien without written contract signed by both spouses.

Unless the owner had some kind of privity with subs, those usually go away by summary judgment in the typical situation where the general got paid but not the subs. 

If no one gets paid, the general does have a few more options that may survive summary judgment. 

  • Like 1
Posted

So paying him a fair 20-25% markup in industry costs for materials and labor rates is the fair thing to do.  In fact for the fucking attempt, the contractor should only expect 18% for the dickish move.

Posted
23 hours ago, woohorn said:

Not really. Just no lien.

Contractor can still sue on oral agreement or other theories. Just can't place a VALID lien without written contract signed by both spouses.

If someone places an invalid lean, how do you take care of it without an attorney? Obviously when we are talking about little sums of money, the attorney costs would probably be higher than the amount disputed.

  • Like 1
Posted
On 12/23/2018 at 7:48 PM, Gil Bang said:

It's a concrete slab.  Concrete is made up of portland cement (powder), sand, and gravel.  Sometimes other additives too, such as calcium carbonate.  Cement just glues the other shit together. 

I always thought concrete was hardened cement. Isn’t the ready mix cement called cement and not concrete? So I thought the concrete company poured cement. Is this wrong?

Posted (edited)

that's wrong.  Cement and water alone won't do shit.  It will dry to a sandstone like material.  

The ready mix trucks you see driving around are carrying concrete...sand, gravel (usually 3/4" rock) and cement (and maybe some other additives).  And water, of course.   Those mixes are engineered for specific strengths.  The concrete used in bridges and dams is a different mix than the shit used for a backyard patio.

Cement and sand alone is called "mortar".   It's most often used when laying bricks.  

Edited by Gil Bang
Posted
1 minute ago, Gil Bang said:

that's wrong.  Cement and water alone won't do shit.  It will dry to a sandstone like material.  

The ready mix trucks you see driving around are carrying concrete...sand, gravel (usually 3/4" rock) and cement (and maybe some other additives).

Cement and sand alone is called "mortar".   It's most often used when laying bricks.  

You are correct. I looked it up before your response. The ready mix is called concrete. Pretty funny that I didn’t know that considering how many times I purchased the stuff. 

Posted
Just now, Upgrayedd said:

Now we have that settled, let’s move on to Asphaltic Concrete 

heh.  

Yep, the shit that is used to pave roads is indeed "asphaltic concrete", or "AC Paving".  

Hot tar, sand, gravel, etc.  

Posted
If someone places an invalid lean, how do you take care of it without an attorney? Obviously when we are talking about little sums of money, the attorney costs would probably be higher than the amount disputed.

Just ignore it. There is some period of time that the contractor has to get a judgment and that would show up on title after the lien. If a lien shows up without a subsequent judgment (again, after some period like a year), banks and title cos won't even mention it.

 

Contractor has an obligation to remove it once it is settled (and to remove it if it was never valid in the first place of course) and there are statutory fines if not done, so you could actually recover your atty fees if you fought it instead of just ignoring it.

 

Homeowners freak out about avoiding these liens, but they really are difficult and costly to properly utilize and most aren't ever filed correctly/valid.

 

EDIT- IN TEXAS

Posted (edited)

The Romans put volcanic ash in their concrete which made it stronger than the crap we use today.  The Pantheon dome is still standing after almost 2,000 years.  Hoover damn will be long gone before it's anywhere close to that age.

Edited by NeverMarryAStripper
Posted (edited)
39 minutes ago, woohorn said:

Just ignore it. There is some period of time that the contractor has to get a judgment and that would show up on title after the lien. If a lien shows up without a subsequent judgment (again, after some period like a year), banks and title cos won't even mention it.

 

Contractor has an obligation to remove it once it is settled (and to remove it if it was never valid in the first place of course) and there are statutory fines if not done, so you could actually recover your atty fees if you fought it instead of just ignoring it.

 

Homeowners freak out about avoiding these liens, but they really are difficult and costly to properly utilize and most aren't ever filed correctly/valid.

 

EDIT- IN TEXAS

Agree 100% (not a lawyer, but I did construction loans for many many years)

Edited by Gil Bang
  • Like 1
Posted
On 12/25/2018 at 12:33 PM, NeverMarryAStripper said:

The Romans put volcanic ash in their concrete which made it stronger than the crap we use today.  The Pantheon dome is still standing after almost 2,000 years.  Hoover damn will be long gone before it's anywhere close to that age.

Well, one is holding back the force of a few trillion gallons of water and the other is supporting its own weight.

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