Lets make a deal

I have a contractor I have known for years, doing a project for me. I have known his family ever since I can remember.I helped his dad and grand father when they farmed years ago. My contractor friend has hired subs to do various projects. One of the subs, I also know wanted to buy a AC Model M crawler I have. I told him for 1,500.00 he can have the tractor, and I will give him everything needed to get it running. Later he said he can't buy the tractor. fast forward a month or so. My contractor friend comes up to me, and says you know the sub did work he didn't charge you for, mostly back hauling extra dirt I didn't need. Why don't you just give him the tractor? I do need to get rid of some stuff, but give a tractor away? I thought about maybe offering the tractor for a lot less maybe 500.00, or just give him the thing? I need to do something to keep everyone happy, including me. Any thoughts? Stan

Sounds fishy to me. The sub was working for the contractor the way I read it. he gave the extra work to the contractor in my book. If he wanted to trade extra work for the tractor that deal should been worked out earlier. and that is exactly what I would tell them.

Work furnished but not asked for and not needed (even if not a problem) is not an obligation. Sub contractors are (in my experience) paid by the contractor, not directly by the customer. If it is for sale, and runs, put it on here in the classifieds. I would be reluctant to consider the contractor's influence. (He might need to use it himself!) Jim

(quoted from post at 22:09:19 01/05/15) I have a contractor I have known for years, doing a project for me. I have known his family ever since I can remember.I helped his dad and grand father when they farmed years ago. My contractor friend has hired subs to do various projects. One of the subs, I also know wanted to buy a AC Model M crawler I have. I told him for 1,500.00 he can have the tractor, and I will give him everything needed to get it running. Later he said he can't buy the tractor. fast forward a month or so. My contractor friend comes up to me, and says you know the sub did work he didn't charge you for, mostly back hauling extra dirt I didn't need. Why don't you just give him the tractor? I do need to get rid of some stuff, but give a tractor away? I thought about maybe offering the tractor for a lot less maybe 500.00, or just give him the thing? I need to do something to keep everyone happy, including me. Any thoughts? Stan

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They sure do some things a funny way in Cali...

Not just "no", but "hail no."

I can't imagine your selling a crawler for $1,500.00, but if you decided to do so, that would be the price. Cash on the barrel head. Not a penny less.

Tell him no, and don't sell the crawler to him at any price.

Tom in TN

Sounds like a deal was made that you weren't informed of until after the fact. Say no.

It sounds to me like your general contractor pal made a promise on which he couldn't deliver. You shouldn't let him coerce you into giving his sub your crawler. If you do, it won't be the last time something like this happens.

The fact that this is taking place a month after the job was done suggests there's more going on than just the "deal" with your tractor. Maybe something like this:
"Hey, do me a favor and do this job for free and I'll do X for you."
"What about that tractor you promised I'd get for doing Chief's job for free?"
"Oh, don't worry about that, I said I'd get you the crawler and I'll get you the crawler."

being told "after the fact" that something was done "for you" is not the way any deal should be made. Your contractor friend is trying to help out his subcontractor friend by making you feel INDEBTED(sp), and obligued to sell at a low price. The backhauled dirt was really a favor to the Contractor. Press the "NO DEAL" button and wait for the next offer. jmho gobble

I'd tell the contractor since the guy did the extra work for HIM he needs to buy the M from you and give it to his guy.

Here's my similar story. I have a JD Crawler loader model 555. It runs and everything works except the hydrostatic transmission seal leaks badly. I checked the Internet and it is worth 10-15K without the leak, I paid 6K. I also wanted my gravel driveway added to so a fellow comes to do the driveway, sees th3e crawler and asks. I tell him 10K and I fix the seal he fixes the seal and the price is 6K which is also the price on the driveway. He offers $1500. My answer was NO I will fix the seal and offer it up for 15K.

I also had a contractor building a house for me and did work that was not in the contractor or asked for AND he didn't finish the building he is no longer in the building business and has a judgment of 20K to pay.

You should just say NO. A friend is not a friend when he comes after the fact to get additional money.

What a friend....

I think I'd show a renewed interest in the crawler and tell the "friend" after talking to his sub and no deal was made, you decided to keep it and get it going for yourself. Sorry you hauled in to much dirt and had to haul it away. Maybe you can offer a few hundred dollars to help him offset his mistake in having to much dirt hauled-in from the get go. After the dust settles, then sell the crawler - running and get the asking price, plus whatever you give the contractor to help out with the extra dirt.

OTOH - you could chance burning a bridge and just say no.

Good luck,
Bill

Work to be done, payment expected, in writing, before the project begins. That is the best policy, especially if a friend or relative is involved. It can get sticky later with he said- no I did not, etc.

I had a long time friend try this years ago and even got the law involved. End of friendship because our contract stood up and he even had to pay my legal fees. I have had him come close to sideswiping me at times or almost run off the road looking the other way so he does not make eye contact. His loss as I am still the same person he grew up with and ran around with for many years. I did not change.

(quoted from post at 22:09:19 01/05/15) I have a contractor I have known for years, doing a project for me. I have known his family ever since I can remember.I helped his dad and grand father when they farmed years ago. My contractor friend has hired subs to do various projects. One of the subs, I also know wanted to buy a AC Model M crawler I have. I told him for 1,500.00 he can have the tractor, and I will give him everything needed to get it running. Later he said he can't buy the tractor. fast forward a month or so. My contractor friend comes up to me, and says you know the sub did work he didn't charge you for, mostly back hauling extra dirt I didn't need. Why don't you just give him the tractor? I do need to get rid of some stuff, but give a tractor away? I thought about maybe offering the tractor for a lot less maybe 500.00, or just give him the thing? I need to do something to keep everyone happy, including me. Any thoughts? Stan

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The sub contractor made a mistake in the work he was doing for the contractor. Why is he trying to make you feel guilty? If the contractor wanted to help the sub get the crawler he should have worked that out with you in the beginning. You've done nothing wrong so you should not give away $1500 more for the work you've already paid for.

Mark

$1500 is easily 2 days worth of sub-contractor trucking at $90/hr and that's a lot of dirt! I would think contractor should rebate you for his time that he over-charged due to HIS mis-figuring.

Do what I did a while back. I had to get me a NEW contractor friend. No explanation, I just didn't use the old one anymore.

He's working you over, if he wanted to trade some work or labor for the tractor, knew he did not have the cash, backs out initially, then comes back with this? You never had the benefit of knowing up front, well sure if you do this that and the other thing, I just might be able to work something out. Now he comes back with well you know, my (2nd tier sub) who you don't know, (sounds like they're in it together) given that he did some extra work, you should give him the crawler??? Really, gee, thanks for including me in the deal! He's working you over Stan. I'd be the first one to say well on the next round of work maybe we can work something out, don't disrespect me and tell me well I just did a bunch of extra work, that you never had the courtesy of knowing about, then ATTEMPT to badger me into a corner with guilt! I'd refuse any offer at this point, might sound stubborn, that kind of crap never sits well with me, make a clean deal up front agreeable to all involved or please, get out of my face, my time is just as valuable as yours and this is a waste of it right now! Thats the same thing as a shyster paving outfit, showing up, paving your driveway, "Well we had extra material from a big job up the road" then expecting payment from someone who never agreed to this in the first place. Hit the road jack, take a hike.....

How many others has he done that too ? My father had a logger on the land years ago, a real slob, made a huge mess, damaged a lot of good trees, and while he was on the place he was trying to work him over for miscellaneous old scrap, a medium single axle truck made into a trailer, bunch of other items, he just ticked me off to no end, one day he's changing an engine in a skidder using an old hollowed tree, nothing but worn out junk, could hardly do the job, I ran him out of here, had no authority to even do so, did not care, get your crap off the property, do it now or I'll have you charged with trespass immediately, being the barracks were next to us, bye bye mooch.......

My words would be something like " I didn't know or authorize any extra work on his part ,at least that I signed any tickets for and ,sorry I'm not really interested in that deal. Thank you."

Stan, You are not a cold cruel or heartless person or you wouldn't be in this quandary I am with the others here On "This project" No!, They are trying to make you feel guilty, or sorry for this fellow!
If there were extra extra loads of soil hauled off offer to pay for that! But the haul off loads being allocated to your Crawler purchase, That should have been talked about and hammered out before the extra work was done! But...............
Subs Will and Have always done extra work for the main Contractor to keep getting work, prove their reliability, trustworthiness! that work was done for the Contractor! Not You! Even though all this will be eventually paid for by you! it all has to to with the Math an How Much or How Little it cost you!
But since the young man has brought up the Barter System! Perhaps there is other work that could be done at your place that this man could do to acquire your old crawler. But some cash still needs to be in the barter! I think! Hope this helps.
Later,
John A.

37Chief,

It sounds to me as if the contractor and the sub-contractor are friends... and it seems like they are trying to take advantage of you.

As far as back-hauling dirt that the contractor didn't need, well that sounds like a miscalculation on the contractor's part. I assume that the contractor (not you), was the guy who told the sub-contractor how many yards of dirt to deliver for this job.

I would not give away the crawler.

Don't do it, because you are going to need the money. Remember that girl you kissed in Grade school. Well she is going to have a baby in a few month and she thinks it is yours. LOL

no

a problem between a contractor (employer) and his sub contractor (employees) is not my business.( the sub contractor should have called his boss before the extra work, and then I would work it out yes/no with the [i:b17f4502fc]boss[/i:b17f4502fc] at that time, not later)
If the sub contractor did extra work, not charged for in the original contract which cost the contractor money, well, he should be fired. It's still not my business.

As far as a 'friend' trying to 'muscle' me.
LOL, while I admit age/experience getting me a little hard around the edges....
I'd politely tell him no, and then a pleasant good-bye, as that is the last time I would be seeing him.

Sounds like "convenient" timing to me. The guy asks about the tractor, backs out of the "deal" and then comes back later with a hokey story about "extra work" that was neither authorized nor the customer's responsibility to pay for, and then wants a tractor for free???? Sounds very fishy to me. As others have said, you are being taken advantage of. Moreover, if this guy were TRULY a FRIEND, he would not be trying to shuck and jive you.

You said "...you know the sub did work he didn't charge you for, mostly back hauling extra dirt I didn't need."

1. did he truly do the extra work?
2. did you authorize it?
3. General contractor is responsible for it.

Long and short of it, they are in cohoots trying to get the crawler from you.

Just say NO!!!!! Its not your problem. Period.

Rick

Chief , I had a guy that was hired to haul extra fill from my wellhead...he didn't come and didn't come and I was wondering why? Then all of a sudden he was there hauling like mad....he found someone who needed fill and he was charging them per load and he was charging me per load...damned crooks..your crawler is worth $1500 to you,his hauling extra dirt has nothing to do with you, that is the contractor's responsibility to pay his subs...they are in Cohoots , trying to get your tractor cheap...and I'll bet that dirt they hauled for you got charged at the other end as well!

That's funny about the girl you kissed in grade school!

Don't want to hijack the original post, but that reminds me of years ago, I was just out of college. Had just broken up with a gal who was a couple years younger than me.

A week after I cut ties with her, she showed up and said she had just been to see the doctor in a small town not far from where our place is, and she was pregnant.

I said "no kidding?" She said "yep...what are we gonna do?"....I explained then that the first order of business was to get a second opinion, since in that particular small town there was no doctor, only a vet.

She left then, and, funny enough, never did wind up showing pregnancy signs until a few years later when she was married to her first husband(not me!)

Suggest that since he is familiar with hauling you tell him to "keep on truckin"- if your situation is as described. I think he has a lot of gall to even suggest such a thing. You owe him nothing!

You hired a "contractor" to do a job, that I assume you are or were going to pay. Your deal was with the "contractor" that you hired. Your hired "contractor" then hired a subcontractor that I assume he did or will pay. If you had hired the "subcontractor", then he too would be one of your hired "contractors". See where I'm going with this?

However, both your "contractor" and HIS hired "subcontractor" are or were friends of yours. Now what?

Good luck.

Mark