Homeowner getting fined and wants to fine contractor

Started by JakeS3 • 7 replies • 1330 views

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JakeS3 (North Carolina)
Posts: 1

Posted:

We started a large outdoor living area project around a new pool. 3 months into the project, we're informed of a "deadline" that the HOA placed on the client that was for 6 months. I never got any written warning nor did our contract have any completion date.
With delays from the pool company, many change orders by the client and constant rain, we , of course, ran over the "deadline".

Now the client is refusing to pay us until the HOA meeting and then expects to take any fine amount out of our final check amount.
Anybody ever experience something like this?
Seems kind of wacky ( and illegal ) to me.

DaveD3 (Michigan)
Posts: 796

Posted:

Client expects to enforce upon a contractor a deadline date that was not in the contract? Yeah, good luck with that one. I think the client would be laughed out of a courtroom should it come to a lawsuit (not a lawyer, nor giving legal advice)

CarolR11 (Colorado)
Posts: 2,563

Posted:

I'm not in the legal profession either. But i assume you have one or more lien clauses in your contract with this client. Lien 'em if need be.

By the way, It's very possible that the HOA places time limits on projects so that the neighborhood isn't is disarray for months on end. But that's not your problem, it's your client's so far as I can tell.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Now the client is refusing to pay us until the HOA meeting and then expects to take any fine amount out of our final check amount.

If the fine is $50, just agree to take it off the bill. Legally you don't have to, but why not spend $50 just to make sure the homeowner doesn't badmouth you for decades. It's not worth it.

MatthewW4 (Arizona)
Posts: 500

Posted:

This sounds like a great scam for getting a discount from a contractor.

But no payment, no lien release.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Provide a statement to the client, with a copy to the Board, that weather conditions have delayed the project and, providing weather cooperates, the project should be/was completed by mm/dd/yyyy. Offer to attend the meeting to explain why the weather caused the delay.

Most individuals are reasonable and this should satisfy a reasonable Board.

MikeR15 (Massachusetts)
Posts: 389

Posted:

Welcome to the wonderful world of HOAs.

The deadline was probably some impulse from the HOA board.

They don't need a reason, kind of like Putin over in Russia.

The Association attorney LIVES for this stuff, and will go all the way to the US Supreme court if he can to impose

this stupidity (getting paid by the hour).

And folks wonder why more and more Americans would not take an association property if it was given to them!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA can't hold the contractor's feet to anything. They are not part of the contractual agreement. The owner may wish they can take it out of your pocket, but that is a violation of the terms of your agreement. There was no time limit and should have written in "conditions permitting etc...". They have to honor your agreement despite the HOA's stand. Which isn't much.

Tell them sorry but this is what the contract says and not agreeing to change it unless it is in writing. The HOA can't interefere with your contract nor can it fine you directly. So the owner needs to go to the HOA board and work something out. Plus verify the legality of even them issuing a fine for this. Is it written anywhere there are timelines and the fines you face for missing it? If it's not defined and given out to everybody, they can't enforce it anyways.

As for you, if they do try to reduce your pay... You can place a mechanic's lien on them or take them to small claims court for the amount they are withholding.

Former HOA President

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