Friday, October 10, 2008

One Way Webco Window

I mentioned earlier that our contractor Douglas Marshall Blow of Webco Gulf Coast Construction breached our contract when it got down to the punch list. He split because he owed his subcontractors more than we were holding in retainage. I think we've finally paid the subcontractors. Now we're trying to find a way to come up with some funds to hire someone else to finish the job. It makes me wonder what contracts are for? If I had breached it, and not lived up to the terms, I would have been held liable and the courts would have made me pay. At least I think that's the way it works.

Douglas Marshall responded with a comment to my earlier post about his substandard work by saying it was all untrue, and he alleged that he did great work. Well, I'm not a contractor, but wouldn't great work involve avoiding the following:

Here is the outside of our house looking in. Sure the trim is missing, but focus on the three top windows, two long on the side and a smaller window in the middle.
PA103696.JPG
Then look at this same wall inside:
PA103694.JPG
What the heck happened to the middle window? Is it magic? Is it some sort of new fangled technology? No, actually Webco put up drywall over the window. While I guess it cost more in yellow paint, it saved time in the long run I imagine. Anyway, there is now less of a chance that we'll get skin cancer.

12 Comments:

Blogger bullet said...

What I don't understand is the meaning of the word subcontractor. Didn't Webco make those contracts, not you? If they are still owed money, why are you responsible for his contractual obligations to them?

Whether you sue him or not, can you at least report this jerk to the Attorney General's Office?

I can't believe the time you guys have had. The amount of crap you've had to shovel through is now beyond the border of absurd into realms of the ridiculous that have no name.

6:35 PM  
Anonymous Anonymous said...

Michael

I take responsibility for the window being covered. If ind it a little funny though that I, you, your family, all of the workers and sub-contractors, and your all mighty Architect missed this for 8 months...and you just noticed it now. So it is obviously an honest mistake. If you had not focused so much on the Architect and his OCD complications you and I would have never had no problem.

I will caution you Michael....our Attorney is monitoring your BLOG and the comment you made on La Rebuilds...be careful...there is a fine line between Freedom of Speech and SLANDER...you are border line slander , liebel and defamation of character. I suggest you stop!!!!-

7:08 AM  
Anonymous Anonymous said...

One more comment Michael.....you and your Architect chose the drywall company...WEBCO did not. So blame your Architect and yourself... and stop teling a one sided story.

7:10 AM  
Blogger Mark Folse said...

I can't believe this guy bolted on you, leaving you to pay off the subcontractors, and now has the balls to come and threaten you.

At least you're back in your house, at the end of this long and bizarre road home.

8:34 AM  
Blogger Michael Homan said...

I'm not sure how "Anonymous" Douglas Marshall Blow of Webco Gulf South can afford an attorney but couldn't afford to live up to our legal contract. Maybe he can afford an attorney because he saved at least $18K by walking away from the contract. And as far as slander and a one sided story, feel free to ask "Anonymous" to post his side of the story whenever and wherever he wants. I have neither said nor written anything that can't be substantiated in court.

And as Mark Folse commented, at least we're back in our house. I hope that in about four months this whole mess of unpaid subcontractors and unfinished construction will be behind us. And as long as "Anonymous" is threatening me, I will mention that we're keeping very close records of the time, material, and labor it has required to finish Webco's punch list and fix the improperly installed material. If it gets to be much more expensive we'll be forced to kindly ask Douglas Marshall Blow of Webco Gulf South to return the extra $12,000 in retainage that he begged me to pay early because, he claimed, without it he would be forced to walk away from the contract, and it would be a sign of good faith. So I paid it, and then he walked away. Moreover, he used that money for purposes other than paying his subcontractors. The subcontractors which I've paid have been shocked to see the forms proving how much we paid Webco for the subcontractor's services, because often the subcontractors were paid substantially less.

9:16 AM  
Anonymous Anonymous said...

Why dont just admit that the budget that you gave us to work with was not enough Michael and stop the slander and propaganda campaign. WEBCO was paid to date $3,671 dollars less than what it has paid out for materials and labor on your house....when you say the money was used for other things...you are right....your windows that you didnt pay for, your additional siding that you didnt pay for....the additional framing in that dilapitated house due to TERMITE Damage. You want to play this game Michael...lets play. I am tired of reading your bullshit. You either make a move in this Chess Game or stop. No matter what you want to think....your house was underbid by you and the Architect and you asked for better quality finish materials than what your budget allowed and we lost money on it. I can prove that in court. I suggest you stop this stupid and useless talk...FINAL WARNING!!!

12:52 PM  
Blogger Michael Homan said...

"Anonymous" Douglas Marshall Blow of Webco Gulf Coast, I don't know how on earth I underbid my own house, and I ignore your "FINAL WARNING", and here is my move in this "Chess Game" as you call it:
Castle h4, and check.

Why not take solace in the fact that every free second Therese and I have we spend fixing and finishing things you wouldn't or couldn't. For example, we spent several hours today cleaning out your construction debris from under the house and removing the plywood sheet under the concrete steps in the back. You had tried, but the 2x6 step frame closest to the house had busted, and so you just left it. Last weekend we cleaned your construction debris out of my neighbor's gutters. So it's weekends doing your work, and it's weekdays paying your subcontractors. And regarding better quality finish materials than the budget? Why did we have to pay so much money in change orders every single time we installed something. Therese and I would love to tell a courtroom about our cabinet experience, our indoor step experience, a dozen other things we were promised by you, and the experience we had with ever single change order that cost us so much money over the regular contract. And here's how this blog works... if you quit leaving comments, I quit responding to them.

5:16 PM  
Anonymous Anonymous said...

Bottom line is this....I lost money on your house. What did I do to deserve that? I would love for you to see and understand that. It seems to me that you only wanted to see me lose more so that you could have what you wanted. I am not nor was I ever your endentured servant. WEBCO did not earn a single penny on your house Michael...we lost. If you so desire peacefully...I will demonstrate that to you. God is my witness...WE LOST!!! If you want nothing further from this, then let it be. I dont hold anything against you as a man...I expect the same. You know me Michael...I tried....at least I got you and your family home. Just stop the negative dialogue...it makes me feel the need to defend. Please stop.

5:35 PM  
Blogger Michael Homan said...

According to several of your subcontractors, you have said that you have made no money or lost money on all of the projects, or most of them, on which the subcontractors have worked with you for the past year. Of course I don't want you to lose money, but know that my family lost much money, more than $50K, in this process. How come you get to walk away with no penalties, because if we breached the contract, then I'd imagine you'd have something to say about that, as would the courts. To stop the negative dialogue, all you need to do is to not respond to this. It's that simple.

10:18 PM  
Blogger Carol said...

Why is it your fault that he didn't make any money? Doesn't that just mean he is a poor business man? I assume you told him what you wanted and he told you how much it would cost and then you paid him (plus extra for any changes to the original agreement). If he doesn't know how to price his work correctly then that's his problem. I've heard that same bs from contractors before. It seems they "never" make any money on your job and yet you should be eternally grateful for the crappy work they have done since they are going hungry just to make you happy.

10:24 PM  
Blogger bullet said...

Hey Michael:

Not to veer from this very interesting an enlightening dialogue, but I had a question above from which Mr. Anonymous might have distracted you.

I've never dealt with the whole contractor/subcontractor thing. We acted as our own general contractor rebuilding our house. If it wouldn't take too much time, would you mind explaining how the general contractor's agreements with the subcontractors become your responsibility?

I'm just curious, at this pint, but you never know when this kind of information will come in handy. Hopefully not too soon, if ever again.

6:29 PM  
Blogger Michael Homan said...

Bullet, I'm learning, but I don't know the answer to this yet. Our situation is complicated by the fact that we took out a construction loan, and the bank won't close until we make sure there are no liens. Typically I believe we could have not paid any of the subcontractors and legally forced our contractor to come up with their payments. But this system by which you have a legal contract, and then the contractor has many other contracts by which you are liable, does not help the homeowners.

6:39 PM  

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