|
| Wednesday, February 08, 2012
|
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
DanielH1
(California)
Posts:481
 |
| 08/30/2010 2:53 PM |
|
I've noticed a disturbing trend. Lots of service providers underbid jobs and then "tune" their performance to their bid.
For example, an landscaper will do everything in his power to win the bid, usually by making sure that he bids the lowest (usually by getting somebody inside the HOA to reveal the current contracted price or just guessing a low bid). After winning the contract, he'll neglect minor work (he "forgets") and shift his crew to other jobs before the job is done (if asked, he "has to make a profit"). The landscaper is only an example; other types of contractors are doing this kind of thing to the HOA, too.
When confronted, they'll just lie or pretend to misunderstand or claim that it isn't really a problem or give a sob story about their financial problems or blame their employees or even be "real sorry" and fix it for one month. If pressed, sometimes they'll even admit that they did whatever they needed to do to get the contract, even if they knew that they'd never be able to complete the work profitably.
I've dealt with this kind of thing in my personal life, too, so it isn't unique to the HOA. (Of course, in my personal life, I now avoid these people and, in the past, managed to keep the guy in check by withholding payments.)
Personally, I think that underbidding + underperformance is unethical and firing/terminating contract an appropriate response. Is that too harsh?
Any idea how to combat the problem? Sealed bids seems to promote the problem, not prevent it. |
|
|
|
|
MaryA1
Posts:0
|
| 08/30/2010 3:04 PM |
|
Daniel,
Failure to perform the work outlined in the contract should be grounds for cancellation of the contract. |
|
|
|
|
PeterB1
(Florida)
Posts:254
|
| 08/30/2010 4:15 PM |
|
References!!!!!
Actually go to the referenced community and see what you think about the work. |
|
|
|
|
SusanW1
(Michigan)
Posts:5035
|
| 08/30/2010 6:36 PM |
|
Ditto what Peter said.
Get references!!
|
|
|
|
|
BrianB
(California)
Posts:2381
|
| 08/30/2010 8:15 PM |
|
do like construction, and include penalty payments in the contract.
don't do the work on time? penalty... poor work quality, penalty payment.
they do it badly enough, you get substandard work, and they pay you... doesn't solve the problem, but if it's spelled out up front, you may stop a few bad bidders from trying. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|