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Cancel a permit?

JeffBuck | Posted in Business on September 27, 2005 03:32am

Never had to think of such things … will call the apropriate people when the time comes … just looking for thots and ideas.

Had a customer slowly turn sour. Turning point came last month … she told me she was going on vacation … I said great … U gonna be back next Mon or Tues?

She had planned a 3 and a half week vacation.

still great … any thot’s on how we’re gonna pay Jeff while U are away. Just about to hit the final coupla weeks of the back porch project … will be needed those progress payment checks about every 4 days … at least one per week for the next 4 weeks.

Her thoughts … No … just work for free then she’ll settle up after she got back home.

This was the last of many straws. I politely said … No deal. Follow the contract terms or I pull off and wait till U get back.

After much ranting and raving … I said … look .. seems we don’t like each other anymore. U like my buddy Mr X who’s been out to help me on occasion. I have no intentions of ever working for you again .. instead of pulling out and leaving you on your own … maybe MrX will come in and pick up the pieces. He lives close and would enjoy the gas savings.

So … after a coupla meetings … my buddy MrX struck his own deal with her … and he started today. On interior work? but that’s not my concern anymore.

I do have a rough copy of a “see ya later” letter … make it official that her and me are done.

My question … the existing permit.

what do I do? I have no problem trusting him. With my life and my wife, so to speak.

Do I just leave it as is so he can work thru uninterrupted and just get this last coupla 3 or 4 weeks work done?

Do I call the Boro and cancel it seeing a show my name is on it?

Can permits be “transfered”? To someone else … him or even her?

Just have my name taken off? That’d be the best situation.

 

I’m already agreed with him … didn’t say anything to her … that the finish materials sitting banded in the garage and not yet paid for my my account will stay … and I’ll eat the cost. $2K that would probably kill any of his profit in finishing up. I bought them with the intention of using them there … I have work waiting other places so I’m not stuck. I have no plans of “cheating” this jerk of a lady. Don’t like her … but … not my style.

any thought’s on a good way to get myself off the permit without cancelling the whole deal and making my buddy file and wait 3 to 4 weeks for a new permit?

That’d really screw his schedule.

Trying to make this work for him. BTW … before anyone questions … he’s working for her on a “daily” rate …. we ran thru the job … checked what’s there and what’s not …. material wise it all still added up. He’s covering himself by not working on a contract. Just will get paid at the end of the week .. each week .. for the days worked.

That way … if she decides to hate him in a coupla weeks too … he’s not out anything and can just walk away.

Jeff

    Buck Construction

 Artistry In Carpentry

     Pittsburgh Pa

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Replies

  1. chriscalderone | Sep 27, 2005 04:34am | #1

    I have changed the contractor name on a permit before but it was a hassle but possible. Is she going to be around on friday of every week to pay your freind? It sounds best to get out with out to much of a loss but why didnt you bill her for the materials on sight? I have done many jobs that wished I had gotten out early and regretted it at the end.

  2. User avater
    dieselpig | Sep 27, 2005 05:00am | #2

    Hey dude, I once picked up a job where the original contractor was MIA.  I went down to the town hall and they told me the permit couldn't be transferred, they cancelled it and I reapplied.  I'm betting that's specific to wherever you're working though.

    Did I read that right?  You're eating 2K worth materials cuz you and HO don't like each other?

    1. User avater
      JeffBuck | Sep 27, 2005 06:25am | #4

       You're eating 2K worth materials cuz you and HO don't like each other?

       

      No .. not "eating". Already got all the money for the materials. "Could" have taken it back and returned it for credit ... as it's still banded and not installed. Sitting on my horses, as a matter a fact .. gotta remember to get them back!

      But ... that'd be more like legal stealing. Although it's not broken down anywhere ... and she'd have no proof ... it'd really screw her and my buddy would have to deal witht that mess. I arrange my payments so the materials are taken care of first .. only labor is left at the end .. that way ... if I'm ever screwed ... I only lose potential labor money ... and don't have to fund someones materials.

      The poor old house deserves a nice back porch ... even if a psycho owns it.

      really pisses me off because I drew up a nice porch and got all the hard work done.

      It's a long, long story ... but as much as I can ignore stress and roll with the remodeling punches ... couldn't take this one anymore. In the end ... worked to my favor when she said she was gonna break the terms of the contract.

      my buddy knows she's nuts ... but we both know she'll be in her "hate Jeff" mode for at least 3 or so weeks ... then ... he'll be just about done. He'll be fine. I wanna make sure this works out OK for him in the end too.

      I'm concerned about him, the house ... and me!

      Jeff    Buck Construction

       Artistry In Carpentry

           Pittsburgh Pa

  3. VaTom | Sep 27, 2005 05:16am | #3

    No telling there, but I had no trouble transferring an approved permit for a new house to somebody else.  Building dept. couldn't have cared less, long as it was built to plan, which later got greatly changed.

    Pretty sure I wouldn't feel comfortable with my name hanging around.  What if she cans your buddy?  Still your name in there.  And who's doing the work?

    PAHS Designer/Builder- Bury it!

  4. FastEddie | Sep 27, 2005 06:30am | #5

    I too am unclear on the $2k in materials and why you didn't charge her for them.  Is this really Jeff Buck?

    If your buddy is as tight with you as you say, I would leave the permit in place and work a deal with him that you would drop by once a week to check on things, and if the inspector red-tags any part of his work, he has to make it right.

     

     

    "When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it."  T. Roosevelt

    1. CAGIV | Sep 27, 2005 07:26am | #6

      as far as I can gather, Jeff was paid for the material prior to the breach in contract.  So, the lady already paid Jeff for the materials and he's out no money on them.  He "could" remove the materials from the site and pocket the return credit at the lumberyard...

      a 2k "bonus" for himself.

      Since that would be "un-ethical"l, being as she has paid for them, Jeff decided to leave them on the site, and his buddy will use them to finish the project.

      Jeff, if you trust this guy with your life as you said, I'd leave the permit in your name and just make sure the project gets finished and passes final.  It's probably not entirely legal to do so though.

      It may be worth an anonymous phone call to the building department just to find out what the actual protcol should be etc.

       

  5. IdahoDon | Sep 27, 2005 11:06am | #7

    Hey, I worked for that lady once.  :-)

    Locally, and this is surely not universal, contractors can be changed on permits with owner's approval for a small fee ($50?), or permit can be canceled by owner in mid-stream and new permit issued with fee based on value of work needed for completion.

     

  6. Mooney | Sep 27, 2005 11:20am | #8

    As bad as I hate to write this ;

    Any permit is much the same as a contract .

    It is a quareentee that all materials used will be in specs .

    All work will be performed to codes and contactor shall be responsible for all subs actions. Lotta lotta.

    Permitee is totally in a responsible mode to the city or county which ever.

    In the event the owner is not satisfied and seeks the help of the building department , they will go after who ever is on the permit.

    This happened more over to me with plumbers. People here trade plumbers like baseball cards. In stead of hoping to get a plumber with no problems , which problems would you like to see if you can live with? Then they get divorces from their plumber and hire others.

    The law says the listed party on the permit must hold the cheese. In law suits launched by homeowners , the holder of the permits got the action of the suits.

    Anytime a non permitted person or an unlisensed one infiltrates the system they often operate free of charges. Why? Because  the prosecuter wants an open and shut case. In a case like yours the building department didnt do their job in shutting it down for new permitting. We need a name behind the face on the permit . If necesary it needs to be good enough to go to court and win. If a building department doesnt take care of the people , they can also be sued in neglect cases. If a builder for example doesnt want to make a job right after Ive written it up, then hes in for lots of problems . First off , hes done in my city. Second , depending on nature , he may have to answer state. Third , he will answer charges from the city prosecuter.

    Not a good place to be Jeff requardless of how much you trust him. She may say in court that YOU did this thing or what ever. You will be the listed party.

    I would have revoked the permit and requested a new one be purchased as a building official. I would want your buddies signature on the line so I could come after him if needed.

    Tim

     

  7. maverick | Sep 27, 2005 02:24pm | #9

    I think you need to look at this in terms of insurance liability. Your name is on the contract and the permit. If anything goes wrong for your bud a shrewd lawyer will hold you accountable.

    You need to get a letter from her signed and dated to the effect that she wants to terminate the contract and any future work done to her property will be done under the protections of a third partys' insurances and permits

  8. Frankie | Sep 27, 2005 05:27pm | #10

    I agree with Mooney and Maverick.

    Friends is friends: Business is business.

    Keep things clean. Change permit and make sure he has his own insurance.

    You trust him - fine. But you don't trust her. If she starts making changes, you will be liable. If your bud refuses to execute the changes, he will be out of a job and now the HO is angry with two related parties. See the bees nest building?

    If you try to cancel the permit then you will either have to admit that you waited and were aware that someone else was building under your permit or you will have to lie, stating that you have been the contractor on-site up to that time. Neither is a good scenerio.

    Not to beat a dead horse but...
    If he is getting paid weekly - as you asked for yourself - what is happening while she is away for 3 1/2 weeks? Will he go without pay for that long? If not, why couldn't she continue to pay you with say post dated checks, or make an arrangement with the bank to phone in a wire transfer?

    I no longer get paid via check. Correction - I do, on very small jobs, more like "favor jobs". The rest of them - anything greater than a weeks wages - are all money transfers. Saves the trip to the bank and waiting for the check to clear.. It has saved countless headaches and no excuses - "lost" or "forgot my checkbook. I'll pay you tomorrow"s.

    Just a few thoughts. I know it is easier to be more objective and decisive when not involved. You have some tough choices ahead.

    Good luck.

    Frankie

    There he goes—one of God's own prototypes—a high powered mutant of some kind never even considered for mass production. Too weird to live and too rare to die.

    —Hunter S. Thompson
    from Fear And Loathing In Las Vegas

    1. User avater
      jonblakemore | Sep 28, 2005 07:34pm | #11

      Frankie,Please go into more detail about money transfers.Do you go through your bank or a third party service? What are the associated costs? Do you meet any resistance from clients? 

      Jon Blakemore RappahannockINC.com Fredericksburg, VA

      1. Frankie | Sep 28, 2005 08:04pm | #12

        Zero resistance from Clients.Cost varies by bank where money is being sent FROM. If I send money, my bank charges $30 at the bank, but less (1/2) online. One Client's bank charges $15, another's $20.Client absorbs cost. If it becomes an issue I pay. It is money well spent.It can be set up for repeatable transfers so as to be done by phone. Online may be avaiable too.Either way - single or repeat transactions - a form needs to be signed, though not if done online.It is worry free. I know if and when the money is deposited. I usually make the "Deposit Time" Fri. Noon. This way if the Client forgot, I have time to call and they still hve time to do it. I also have time to pull off the job and/ or make other plans for Mon. I have never had to pull off or make other plans. Had to make a phone call three times, but it beats waiting and then being disappointed.FrankieThere he goes—one of God's own prototypes—a high powered mutant of some kind never even considered for mass production. Too weird to live and too rare to die.—Hunter S. Thompson
        from Fear And Loathing In Las Vegas

      2. davidmeiland | Sep 28, 2005 09:56pm | #13

        Yeah, I'm liking the sound of that too. I'm just about to start 4 months of work for an absentee owner. I think I'll check with my bank about what they can offer.

        1. Frankie | Sep 28, 2005 10:16pm | #15

          Point of Information:It is not about your bank. It is about theirs.They will need your acct #, bank routing #, bank name and bank address.FrankieThere he goes—one of God's own prototypes—a high powered mutant of some kind never even considered for mass production. Too weird to live and too rare to die.—Hunter S. Thompson
          from Fear And Loathing In Las Vegas

          1. davidmeiland | Sep 28, 2005 11:40pm | #16

            Right, I understand that, I would only talk to my bank to get some info, and because I see one of the main honchos around town all the time.

  9. timkline | Sep 28, 2005 10:14pm | #14

    jeff,

    i think you should get your name off of the permit. you are trying to help out with a tight schedule, but it may come back to burn you.

    since you are trying to help your buddy out, why don't you make the effort to get the permit transferred to him.  this may mean just calling the code office and tell them what happened before he goes in and files.

    this isn't that deck down here in philadelphia, is it  ?

     

    carpenter in transition

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