Ceramic Tile Advice Forums - John Bridge Ceramic Tile

Welcome to John Bridge / Tile Your World, the friendliest DIY Forum on the Internet


Advertiser Directory
JohnBridge.com Home
Buy John Bridge's Books

Go Back   Ceramic Tile Advice Forums - John Bridge Ceramic Tile > Tile & Stone Forums > Professionals' Hangout

Sponsors


Reply
Thread Tools Search this Thread
Unread 09-22-2012, 05:12 PM   #1
LucasE
Pinnacle Flooring & Interiors
 
Join Date: Sep 2012
Location: Sarasota,FL
Posts: 4
Questions regarding "retainers"?

I have recently relocated to Sarasota, Florida and started Pinnacle Flooring & Interiors LLC. I just completed my first job for a contractor and he informed me that they hold a 15% retainer per job. They hold up to $2,000 and you do not get it back until 2 years after the last job you complete for them. This seems completely out of line; however, they have stated this is "industry standard". Has anyone heard of this? I would appreciate your feedback.
__________________
Lucas
LucasE is offline   Reply With Quote
Sponsored Links
Unread 09-22-2012, 08:42 PM   #2
Tiger Mountain Tile Inc
Registered Muser
 
Tiger Mountain Tile Inc's Avatar
 
Join Date: Feb 2011
Location: Issaquah, Washington
Posts: 7,018
I've heard of flooring shops doing this, but usually it was 1 year. Hopefully, this was disclosed up front?
Tiger Mountain Tile Inc is offline   Reply With Quote
Unread 09-22-2012, 09:00 PM   #3
LucasE
Pinnacle Flooring & Interiors
 
Join Date: Sep 2012
Location: Sarasota,FL
Posts: 4
I was totally blindsided with this. I signed nothing to agree to it.
__________________
Lucas
LucasE is offline   Reply With Quote
Unread 09-22-2012, 09:05 PM   #4
Tiger Mountain Tile Inc
Registered Muser
 
Tiger Mountain Tile Inc's Avatar
 
Join Date: Feb 2011
Location: Issaquah, Washington
Posts: 7,018
If you want to legally get your money back, you probably have a case, but I don't imagine 15% of one job is enough to involve an attorney with.

If you want to do work for them again, you probably will have to suck it up. If you don't care about them, you could become very annoying and maybe get the money back.
Tiger Mountain Tile Inc is offline   Reply With Quote
Unread 09-22-2012, 09:11 PM   #5
Arizona Floors
ReTile
 
Arizona Floors's Avatar
 
Join Date: Jan 2010
Location: Mesa, AZ
Posts: 611
A shop I worked for in Oregon about 5 years ago kept, I think, a $500 retainer. Held it for a year after the last job in case there were failures or. I forgot about it after I moved to phoenix. About 2-3 years later I received a letter/packet from an attorney telling me the company was declaring bankruptcy, I may have been able to get the money they owed if I looked closely at the info but I did not spend the time.

I wouldn't do a retainer at $2000 though. What if the company goes bankrupt like in my situation, is there a way to get the money?

Just something to think about.
Arizona Floors is offline   Reply With Quote
Unread 09-22-2012, 11:44 PM   #6
Jim Farrell Tiler
dont blame me i didnt vote for him
 
Jim Farrell Tiler's Avatar
 
Join Date: Aug 2004
Location: Dunedin New Zealand
Posts: 1,762
i would be adding 15% to the job for a start, here its called retentions and is only for 6 months anyone wanting to hold your money for 2 years here would be told to have sex and travel
__________________
Jim
Jim Farrell Tiler is offline   Reply With Quote
Unread 09-23-2012, 12:15 AM   #7
T_Hulse
Tile Contractor
 
T_Hulse's Avatar
 
Join Date: Aug 2003
Location: Seattle, WA
Posts: 4,332
Tell him retainers are fine if they are agreed to up front. If it's not in print it's hogwash. Jim's right that lawyers are not worth using to get 2K, but usually just the threat of leins are more powerful than actual leins. In fact the threat of having a discussion with the property owner about the contractor's failure to pay their bills and threatening to go behind the contractor's back to threaten the property owner with a lein will usually do the trick.
__________________
Tom Hulse
Visit my web site here
T_Hulse is offline   Reply With Quote
Unread 09-23-2012, 06:07 AM   #8
Brad Denny
Tile Contractor Nashville, TN
 
Brad Denny's Avatar
 
Join Date: Mar 2007
Location: Joelton, TN
Posts: 4,163
Hi Lucas,
I think he needs to be educated about laws regarding retainage in Florida.

I agree with Tom, a call to the client or the BBB might be in order IF presenting him with the above information doesn't change his tune.
__________________
Brad


Brad Denny is offline   Reply With Quote
Unread 09-23-2012, 08:58 AM   #9
cx
Moderator emeritus
 
cx's Avatar
 
Join Date: Jul 2001
Location: Boerne, Texas
Posts: 92,627
Appears what you've linked applies only to public entity contracts, Brad, and I don't think that would apply to the instant dispute.

I expect Florida allows for private contract in any form agreeable to the parties involved, but I don't know that.

I do agree that a retainage of that type would necessarily be agreed to before the contracted work commenced or it wouldn't be legally enforceable. It might well be that dealer's commonplace way of doing business, though, and if you want to do business with or through him you may be required to allow it.

But you certainly are not required to do business with him, eh?
Quote:
Originally Posted by Lucas
he informed me that they hold a 15% retainer per job.
That's a retainage, by the way, Lucas, not a retainer. Very different terms in this kinda argument.
__________________
CX

Y'ALL NEW VISITORS READ THIS HERE!
cx is offline   Reply With Quote
Unread 09-23-2012, 11:21 AM   #10
Brad Denny
Tile Contractor Nashville, TN
 
Brad Denny's Avatar
 
Join Date: Mar 2007
Location: Joelton, TN
Posts: 4,163
You are right cx, sorry about the hasty (and foolishly haughty) post. I only looked at the %'s. In Tennessee the law applies to both private and public. Here's an interesting compilation from 2008 that I used as a quick reference.

http://www.keglerbrown.com/File%20Li...ublication.pdf
__________________
Brad


Brad Denny is offline   Reply With Quote
Unread 09-23-2012, 12:07 PM   #11
ceramictec
Tampa Florida Tile Contractor
 
ceramictec's Avatar
 
Join Date: Oct 2007
Location: Tampa, Florida
Posts: 26,464
most of all the flooring stores/outlets down here that hire crews to work on new homes or whatever the store does will hold money for a time period as a "security" to allow the work you did to pass the warranty time period they have. too many people come down to Florida and throw tile in and it fails, then the flooring store is left to foot the rip out and fix it.

so, if they have a problem with some work you did they give you the option to go back and fix the work within a time period or they take the money out of your security deposit to pay the sub that fixed your work. even Lowe's & Home Depot do it to their subs for protection.



you can either:

1) not work for those type of flooring stores

2) deal with it, do good work and wait for your security back when you stop working for them in a year.
__________________
Brian
........
..........Tampa Florida Tile Installation
..............^^--Check out our Blog--^^
Tampa, Florida installer of Schluter Kerdi/Kerdiboard waterproofed showers
Tampa, Florida installer of Laticrete HydroBan/HydroBan board waterproofed showers
ceramictec is offline   Reply With Quote
Unread 09-23-2012, 12:24 PM   #12
Davestone
Florida Tile & Stone Man
 
Join Date: Apr 2004
Location: Naples Fl.
Posts: 22,690
That time frame seems extreme to me Lucas.I've never had a contractor hold a retainage for more than a year,which is about as long as a new home warranty lasts here.
Generally for me it was till after the property closed.And it was more like 10%

Also down here you must file a notice of lien to the home owner before you can impose a lien.So if i were you i would find out the time limit on that and get it filed.

This will most likely piss off said contractor and you may have some leverage offering not to present said notice of lien if you could get back some retainage.
__________________
Dave



http://Davestonestile.com
Davestone is offline   Reply With Quote
Unread 09-23-2012, 06:50 PM   #13
LucasE
Pinnacle Flooring & Interiors
 
Join Date: Sep 2012
Location: Sarasota,FL
Posts: 4
Thanx for feed back

Everyone, thank you for all the advice and info. I have a sit down with them in am. I'll be sure to post how it works out
__________________
Lucas
LucasE is offline   Reply With Quote
Unread 09-23-2012, 06:54 PM   #14
alex.h
Registered User
 
Join Date: Feb 2012
Location: montreal.canada
Posts: 124
here there is a 10% "retainage". depending on the contract its 30 to 60 days could even be 120 in some case.

here it is legal but in your region i would check?
__________________
Alexandre G.V. Hamel. Compagnon région de Montréal
alex.h is offline   Reply With Quote
Unread 09-23-2012, 10:08 PM   #15
T_Hulse
Tile Contractor
 
T_Hulse's Avatar
 
Join Date: Aug 2003
Location: Seattle, WA
Posts: 4,332
Alex, you mean it is legal IF it is agreed to in the contracts? I've never heard of laws getting that specific in rewriting or interfering with private contracts.
__________________
Tom Hulse
Visit my web site here
T_Hulse is offline   Reply With Quote
Reply

Stonetooling.com   Tile-Assn.com   National Gypsum Permabase


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Questions about Gueuzeman's "shower hack job" video timothy89 Professionals' Hangout 26 08-24-2010 01:11 PM
Sealed grout "dissolved".."scratached" out with regular cleaning? emilyardore Cleaning, Restoration and Sealing 1 05-18-2010 06:15 PM
granite tile - 2 questions - grout and preventing "chips" jonibolton Tile Forum/Advice Board 19 10-24-2009 06:24 PM
Questions about a 36"x36" mosaic installation on a tub surround... Oebur Tile Forum/Advice Board 13 08-04-2007 08:59 PM
Joists marked "SPI-Quincy" "Hem Fir"? echap Tile Forum/Advice Board 10 04-16-2006 07:13 PM


All times are GMT -6. The time now is 02:55 PM.


Sponsors

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Copyright 2018 John Bridge & Associates, LLC