Angies list writeup
We contracted with Brian Weinstock of Home Installation Professionals in July with construction to begin September. Brian was to build an addition (3 car garage with finished room above), remodel our old garage into a new kitchen and a number of other aspects of our existing home. The price agreed was $335,000. The completion date was anticipated at mid-January at the latest, weather permitting.
Brian had many good references. I spoke with 10 of his former customers, all of whom praised his work. One reference even tracked me down (after I had left her a message) to make sure she knew how much she thought of Brian. Only later did I find out that this reference was Brian's girlfriend with whom he was living.
I should note that I am a contract lawyer by profession. I was clear with Brian on that from the start, and that I took contracts seriously and expected he would too. While there is always a need for give-and-take in any contract relationship, the fundamentals of scope, price and quality of work must be respected.
Just before construction began, Brian told me he was having cash flow issues and asked that we pay some of his subcontractors directly, which we readily agreed. Brian assured us that he could bring the project in at the contract price. We paid the key subcontractors directly and paid Brian $142,000 that was to have gone towards materials, cabinets, and his small crew's labor doing demolition work, etc.
Construction started on schedule and proceeded well but with some notable errors that could have been easily avoided with better communication and supervision. An example was the replacement by Brian of a steel beam called for in the plans with a wood laminate beam, without explanation. Another was that the first floor of the new garage was framed with 2x4s when we had specifically agreed on 2x6s. Brian made good on fixing the problems initially. We understand that these kinds of things will happen but they became more frequent as things progressed. I spoke with Brian about the need to provide more supervision of his subs and better communication with me. He reacted with hostility and immediately said, If you don't trust me, maybe we should stop work.
It was evident as time passed that Brian was under increasing pressure from his other jobs and his cash flow issues. He would rarely come by the site and would become animated when I called him to ask questions, vacillating between hostility and amiability. During one call he began shouting and cursing so I hung up. He called back shortly thereafter and apologized and was more civil. This sort of on/off behavior continued through my interactions with him.
In early November I noted to Brian that my total cash outlay was getting close to the total agreed contract price and we wanted confirmation that he would resume covering the costs. Per Brian, because of his financial strains, he could not fund the project to completion until perhaps the spring or summer. He claimed that his company would be filing for bankruptcy. I asked that he account for the $142k I had paid him directly. Over the next few weeks he provided receipts showing payments of materials and costs that amounted to nearly $100,000. When I asked about the remaining $45k Brian responded that he was entitled to profit on the project. Brian then insisted that if he was to continue as the general contractor, we would have to pay him a draw of $2,000 per week (which he later lowered to $1,000 per week). Needless to say, we did not take him up on his offer.
I will not recount here the many, many failings of Brian on the project. However, it is apparent that they key mistake he made is that he never secured bids from subcontractors so that he did not know the total cost of the project.in my opinion, it is now clear that from the start there were going to be significant overages. If he had, then his cash flow issues would never have impacted the project because we were making the payments.
Brian tried a few times some strong tactics on me (e.G., demanding money) that did not work. I was told by other of his dissatisfied customers with whom I have spoken that he has used such tactics/threats with them.
On the plus side, Brian had good and creative ideas for the project that have worked out well. And within his means, he made initial good faith attempts to correct the inevitable errors. I am of the opinion that Brian is not a bad man but was caught between his failure to cost the project properly and his lack of access to credit to fund the overages that resulted. If he was in a similar position on his many other projects, it is not surprising that the strain took its toll. This plus his temper and tactics make for a bad combination.
As it stands now, we have completed the project nearly 5 months late. Taking out for the scope additions we made, the amount we spent for the work originally contracted exceeded the contract price by $170,000. We will be commencing action against Brian and his company to recover the overages though I am told he and his company are bankrupt.
I also understand from Brian that he is still out selling work (perhaps under a new company) and that all work will be paid for through title companies I am not sure what that means. I worry that does not protect the customer from under-pricing by Brian.
In my opinion, potential customers should be very wary of doing business with Brian and his companies. Brian blames his troubles on the financial crisis. Given that we were providing the funding, this should have had no impact if he had properly costed out this project which he clearly did not do. Further, his mercurial temperament and at times irrational behavior make him very hard to work with.
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