₦airaland Forum

somehow:
What is the date on the contract?
when was the first payment released to you?

You actually believe you are playing games here because its not your sweat involved since you don't have a brand name to protect?

And if there was any delay according to you, it was worth stalling for 4 months?

Can we deal with specifics here sir?

What exactly was stalled?

>> Is it the raft that was done by May 16th?
>> Is it the block walls that we’ve raised 50% as at the 18th of May?

I’m sure you remember the reason we couldn’t raise the other side of the wall was because we wanted trucks delivering filling sand to access the site through that part since we’ve blocked the access point to the site.

I’m also sure you didn’t forget that all the materials for the raft foundation has been prepared as at May 2021 and we were busy waiting for one thing or the other to happen for us to raise the security house. This includes but not limited to approved design from you because there was no agreed design.

I’m sure you are aware that the trucks couldn’t gain access into the site anymore when we wanted to sandfill the frontal part of the land because the estate has commenced digging of drainages and this delayed the construction of the front wall.

Then there was omo-onile and suppliers issue that took us off for additional few days.

Then logistics issues from the supplier of Sandfilling and the plumbers delay.

I must not forget the Lagos State Building Control delay as well. Just in case you forgot. That’s why they marked the kitchen entrance side.

QSFemi:
I want to attach the valuation to this thread detailing the amount due for refund.

Which version are you attaching because I’d like us to start from the beginning to let the whole world know who has been stalling the refund process?

somehow:
Terminated the contract you were suppose to complete on the 20th of May by 25th of September?

Did their "discount" include completing the job when you feel like or did the deadline included in the contract by you not count for anything?

I actually baited your and your fall for it.

Go back to the thread and see what we were doing as at 17th May 2021. It’ll give you ideas of why the contract can’t be completed on the specified date.

That’s why I’d rather have you go through all valid datas, ask questions from both parties before making assertions. It doesn’t speak well of a pro to jump into conclusion based on a one-sided account.

You’re just doing a job of a prosecution counsel instead of a non-bias valuer.

Ias1:
You are always right.

Not at all.

Someone wanted over 3m from me, am I supposed to keep quiet because of nairaland?

While I await further cross-examination, let me begin to prepare my review of the numerous valuation reports sent to me.

somehow:
So you were forced to sign the official contract?

You were forced to put up 1.4m?

Maybe you forgot the condition you put up when you decided to accept 1.4m against the 1.5m I even offered?

You wanted my younger brother fence project which I secured for you.

This proves nothing. It only buttress my point that the quote was discounted.

Even at this “Did both fence project run concurrently as requested?” No!

So you got a 33% discount, terminated the contract and still want to claim damages

QSFemi:
Please do not dilly-dally by beating around the bush. Lots of people are awake and reading this.

You didn't answer the question, so I'll ask again;

What does erection of carcass mean to you in your own words. Just paraphrase in one sentence.

Well erection of carcass has different meaning to different people, only a specification document can spell out what it covers. So I can’t assume.

As a trained QS, I know you can’t/shouldn’t assume either.

QSFemi:
So, what does "erection of carcass" of the Security House mean to you and what items of work does the signed contract covers?

You know we’ve walked this route over and over bro and that’s why we are where we are today because all I can see is deliberate attempt to paint black blue.

This same reason was why you chose to value the small tiny security house at 43% of N1,400,000 and call a whole 400sqm fence with 600mm raft, 22 columns and block wall only 53% of N1,400,000 in a bid to make money off me. When that didn’t work out, you came up with another submission that 126 pcs of 6inches blocks were used to raise the tiny security house to roof level and I had to ask if you actually went to the site to do your job or went there to do what you were told to do.

Well erection of carcass has different meaning to different people, only a specification document can spell out what it covers. So I can’t assume.

QSFemi:
I can make logical inference from established premise on the contract.

1) Established premise 1; you were already awarded the contract for the erection of carcass of the main building. The carcass contract included the foundation, envelopes (block work), structural members (staircase, columns, slab, beams and lintels) and roof.

It was on this existing premise that a new contract was awarded to you to erect a carcass for the Security House. What other things would a carcass mean again apart from this established premise in an ongoing contract?

Why didn’t you infer the security house will have a steel truss like the main building? I have a security house with a slab and a staircase in my personal build, the client could assume the security house would have a similar design.
Without a specification document and a bill of estimates, you can’t assume what a contract covers and what it does not.

Since we have only one document (whether discounted or not) that we can infer what the contractor actually bid for, why aren’t we working with that document to avoid ambiguities?

QSFemi:
The agreement you had with the client for the Security House was erection of the carcass. The contract is only completed when the items that constitute the carcass have been completed - foundation, block work and roof which was what was agreed on to be done at the agreed contract amount as evidenced in the attached contract document.

You’re not me though so don’t assume my position. I just provided you a written document that was presented to my client When he asked for estimate for the security house.

It can’t be anything different from what was written down.

HossanaHeights:
This could be one of the reason why n3xt refused to accept the valuation by QsFemi.

He had already made some concessions on the price of blocks and cement. (I can't also remember the price of cement and block being as low as N3000 and N200 respectively this year).

Hence, he wanted a more "practical" valuation that would reflect his initial concessions.

Nevertheless n3xt, these issues can be resolved offline. This combative approach with a client is uncalled for.

Especially for one, who gave you a great benefit of doubt in awarding the contract to you.

Tidy this completely with somehow before 2022 and let peace reign.

I’m really not interested in making any claims. I just won’t allow anyone to intimidate me into accepting BS. No matter their number.

By the way we are still treating my submission, I’ll create time to walk us through all the submissions of my client to let you know who’s fair in this whole deal.

QSFemi:
Attached was the contract entered into and signed for the Security House and Fence with contract amount.
Which one is more binding?

1) A signed contract with the contract amount or

2) A quotation that was reviewed and negotiated

Smiles.

Kindly provide the evidence of the reviewed quote. How do you know the contract didn’t specify that the security house should have air condition and marble floor?

How do you checkmate the contractor if he chose to renege on agreement if there’s no bill of quantities?

No surprise there was a push to add 6 pillars in a 10sqm security house which I refused outrightly.

You don’t pay for 15 lengths of iron rod and be asking for 6 pillars, raft and concrete roof.

QSFemi:
Attached was the picture of the Security House taken on the 28th of September, 2021, the day I visited the site after your contract has been terminated. Did you by any chance complete the items of work you were contracted to do on it?

Some of the items include;

1) Completion of Block work
2) Lintel (Concrete work, reinforcements and formwork)
3) Roofing woodwork and roofing covering (long span aluminium)

As regards the bolded claim, no discount was given by you, rather you agreed to beat down your estimate to the contract amount for the Perimeter fence and Security House.

Nicely crafted.

Well here’s my submission for the fence and the security house, if you have any other document showing where I agreed to cut down my costs, please kindly provide them.

I’m very sure you were not a part of this particular contract and you didn’t know what was bidded for and what wasn’t included.

QSFemi:
I do not want to divert attention from the ongoing conversation I'm having with him here.

But a short response to your points are as follows;

1) A performance bond from a reputable bank was asked to be provided but he couldn't meet up.

2) The payment method of the project was quite unusual due to unexpected inflation in the price of materials while the project was ongoing. In order to cushion that effect, we've to pay on advance so that materials could be bought and stockpiled on site.

There's no retention and LAD clause in the contract.

Don’t forget we were having a fixed-sum contract and there was never a time this year that cement was sold for N3,000 or unit of 9 inches block sold at N200 which were the official rates in the contract and which I abided with up till termination of the contract.

So, I made request for an upfront payment to keep my part of the bargainwhich I did. that explains why I was in a rush to get the carcass off my hook in May.

QSFemi:
Good. We're getting somewhere.

What about the Security House, did you owe any amount on it? If yes, how much?

I’m not owing a dime on the security house. You were too much in a hurry to terminate an ongoing project that had all its materials already purchased on ground and ready to be installed.

I already gave 700k discount off the quote submitted for the fence and security house estimate. I won’t be able to do any more on that.

I can provide the estimate for you to see. I know we walked this over and over and I just smiled at your submissions.

QSFemi:
Sighs!!!

In the meantime, I want to ask you one question openly here.

Fact 1: You agreed that you're owing the client some refund from contracted items of work that were not done by you.

Fact 2: You disputed the amount submitted in the valuation as the amount due for refund.

These two facts bring us to an unavoidable question; in your own evaluation, education, competence and intelligence, how much are you owing the client?

Tell the house and let's know your side of the coin once and for all.

According to the contract, we have the sum of N1,097,675.00 to be refunded on the following works:

- 15 length of 8mm diameter bar in coping
- tying wire
- 45m flat sheet to be laid on the parapet wall
- 200sqm 0.55mm gauge longspan aluminum
- Roofing tarp and accessories
- Replacement of polycarbonate covering which has been initially supplied to site but damaged on site.

I’ve attached the last image of the building and the damaged atrium glass which has been supplied as at 6th May 2021 long before the termination of the contract for your consideration and perusal.

somehow:
As usual, busy but you had time for irrelevance!

Typical.

Tbh, I’m busy right now. I need to chop the semo as e dey hot.

Uploading the doc can wait.

All those irrelevant issues do matter a lot to me. It reveals the position of the other party to me. I told the QS the same thing during our review.

somehow:
He rather ignores the issue, its a known tactics he uses.

Drag you on and on wasting your time on irrelevance, never ready to face the matter.

Unfortunately, people like him have taken opportunities away from genuine builders on this thread.

You will vomit my money with you if you actually have it or something will replace it.

It will happen in a manner you won't be expecting.


Keywords : Fraud, dishonesty, irresponsible, incompetency

As per your request sir, I’ll definitely start with the laughable valuation reports that were sent to me.

I’ll be happy to upload all the versions for the world to see then share my own proposal which is nothing but the bill of quantity prepared for the contract.

I’ve been busy since morning. I’ll hopefully free up time later in the week to share everything.

somehow:
I asked on the 16th and he said 90%, meaning as at 16th, you still haven't completed the job. What a shame. Everyone is reading and wondering what's wrong with you.

Smiles.

You asked someone who didn’t visit his project but only relied on information given to him by me the status of his project and I gave it to you.

You that you have a supervisor on site that gives you daily updates on activities on the site.

Well check the picture sent on the 14th sir and tell what else there is to add to a fence.

It’s well!

somehow:
Even your post and picture worked against you.

Do you even listen to yourself?

2nd to 14th even though the back yet to be completed and you are saying you did the job in 8 days?

Who did this to you?

How do you comfortably lie against evidences you provide yourself?

By now the smart ones on this forum would have understand how difficult you are sir?

When do you expect me to respond to a question asked on the 14th May? Do you expect it to come earlier than 14th May?

It’s wel!

This is just one of the too many issues you give on your project. Too many back and forths on unnecessaries

I really don’t know why you find it very interesting to twist things to make up fictitious claims.

Here’s my response to you on the 14th of May 2021 when you asked if the fence has been completed.

I even replied you with a picture update.

Na wa o!

Now I understand why we always have issues.

somehow:
For those who can spot truth.

Check the date my younger brother paid him in the screenshot (2nd May 2021).

Check the date he updated me that the fence was 90% completed (16th of May 2021).

That is how many days?

Maybe I don't know how to count 8 days again, at least you can't change the date on a previous chat.

It was to last 1 week.

You must be a clown.

Youtube is there to provide evidence

This excludes the days we were stopped by the estate management because of height restrictions o.
I keep records of stuffs like this because of issues like this.

Abi YouTube video has been doctored

_______

Even a dumb person would know you asked your brother (in the chat) if his fence has been completed on the 16th of May, are you expecting his reply to come earlier than the date you asked him?

Sigh!

somehow:
The dwarf fence you built for my younger brother was just a fence and took more than 8 days. Show proof it was 8 days.

I honestly didn’t know May 4 to May 12 is more than 8 working days

https://www.nairaland.com/6450270/construction-journal-xl6-trillion-atrium/3#101369261

These are some of the irrefutable claims. No drama, no ambiguities. We did what we were paid to do without back and forths.


https://www.youtube.com/watch?v=JE8RPk3QAEs


________

Even the raft of your own fence and 50% of the fence wall was raised in less than 4 days. Abi na lie?

The thread still exists. We spent the rest of the months doing dramas learning how to build a 10sqm security house.

somehow:
Were you forced to pick any job?

Now let me lay these things up for people to read.

Did you not know these things would be needed before you can complete your job when you boasted that you can finish the job in 1 month? When we agreed on 3 months, did you not know or aren't you the best "Engineer" on this thread according to you?

You recommend we sandfill the compound to aide the foundation according to you and chose to handle that too which took almost 2 weeks to be done (less than 7 trips of sand) because you kept recycling workers.

Same with the fence and gatehouse, he said it'd take 2 weeks to complete but took more than a month and still wasn't completed.

Most of these new additions came around May and some after May which means they weren't expected to stop your initial contract completion deadline.

Contract was to be completed on the 8th of May, which of the variations came up before then?

Since you're looking for everything to prove why you didn't complete your job 5 months after, tell us how these new jobs stopped you from completing everything in 7 months (March 8th to September 25th).

Does it take 4 months + to build a draft fence and a gatehouse + sandfilling?

It took us 8 days to build an almost similar fence (which obviously belong to your brother) in the same estate because there were no ambiguities.

We were having to discuss height of the fence, the setback requirements and even the design of a gatehouse took almost 2 weeks. I remember it was lots of back and forth during your fence construction.

So one week job can take forever if things are not clearly defined.

Thank God we did the other fence before yours sir.

______

There’s what we call excusable delays which you were aware of. You remember I asked you to intervene when the omo oniles (inside estate) are disturbing the sand supplier.

How’s that my issue? Am I supposed to scoop the sand from heaven? I gave you direct contact of the supplier and even ask you to talk to the suppliers association chairman so that they can allow your work to be done when you need it.

Did you forget all these?
_________

If you’re to show the picture of the house as at today and what it look like 7 months ago, the only noticeable difference that can be found on it is just the roof and nothing more.

We’ve completed the major works as at May. We are only waiting for all the dependencies to fix the roof. Some of which you didn’t do until September 2021

topsy23:
N3xt you need to present the value of work done vis a vis the contract boq and payment received so far.

I know QS Femi is an experience QS

To make things easier and clear ambiguities, this is exactly what I’ve done but my ogas won’t have it.

In his own words, he said the amount to be repaid according to my submission is not even up to 1/3 of the QS’s that I must be joking.

somehow:
Keep typing the usual, that I showed you a bid gotten from numerous vendors same way I showed many other people did not mean I sought after your permission to pick or not.

Incase you don't know, I was already in contact with Topsy23, Twinskenny and others directly via email and chats.

Before pouring of the slab of the house right? Because that was when I reached out to him and gave you his bill.

They are here to verify this.

Not like any of these matter because the project is not even part of what you were contracted for and I will stop dignifying you with this distractive plow.

The matter on board is :

What you were contracted for was not delivered as at when due and you were fired after almost 5 months grace.

5 months grace?? I’m sure you didn’t forget that screeding and tiling of the parapet walls of the “roof” which we’re not part of my contract were not done until after September 2021.

Kindly let me know how we can go ahead with installation of the roof in May if you still had to do screeding, tiling and installation of roof window in September. Or am I the one delaying that part?

3 months later, you're hiding behind the QS valuations to delay refund, contesting everything he came up with. You're only interested in not paying and running from taking responsibility as a failure you are on this project and other projects you handled known on this thread before now.

I made my offer based on the contract document that bind us but you want me to accept hook, line and sinker all the errors put together in the valuation report.

Stopthecap:
Sir,
Maybe you should google his name the first result is literally a fraud case.

https://www.vanguardngr.com/2016/11/estate-agent-docked-alleged-n5m-fraud/

We cannot be on this forum and burying our heads in the sand as if the person in question is not of dubious character and conduct both on this forum and offline...
Everyone thinks they cannot fall victim until they do.
Goodnite

You mean the lie they had to come up with when nairaland victimization didn’t work out.

May I ask to know how many people shared in the fictitious N5m recovered?

Smiles.

somehow:
Lame excuses as usual.

General contractor paid to deliver a carcass from foundation to roofing within 3 months (March to May).

Is Electrical part of your job or part of the contract?

Smiles. Why did we I accept a bid (on your behalf) from Topsy23 then?
Seems you've forgot I endorsed twinskenny’s quote too when you claimed Topsy23 is too much

Would I have paid you if I chose Topsy23?

What’s the difference between him and the steel truss installer? They’re both subcontractors. The both submitted their proposal in their company letterhead. Why the double standard?

The person I later picked, did you negotiate on my behalf? Did I pay you to do the job? Are you the one handling the electricals for me?

”The owners have the right to let a separate contract” is clearly written on the contract so I don’t have to do the negotiations on your behalf.

Mr man, show the house evidence of what I asked before or you don't have any?

The way you stalled my project and now stalling my refund can't go unpunished.

Sigh!

I didn’t stall your project. Things would have been long resolved if we abide by the contract and not some poorly executed valuation report that had to be reviewed over and over.

I remember we spent week discussing window size that I had to ask the QS if he’s blind to see that I made the windows smaller on your request and not bigger as he claimed in his report. I even had to send him the drawings to show me windows that were larger than as-built.

Have you sat down to check what was changed in all the reviewed documents sent to me? It shows gross incompetence.

#ConfusionEverywhere

somehow:
Tell the house if the contract signed excluded the roofing and if at anytime, the contract was modified to exclude the roof.

Tell the house if whoever you gave the roofing job to was known to me or that I negotiated anything with him.

Tell the house if I negotiated any part of the contract with anyone else but you.

Tell the house if I paid anyone else directly for any part of the job contracted to you.

I think the QS should know better my role on the project.

I’m the general contractor, the architect and the designer of the project. So if you run certain stuffs through me, it’s expected but that doesn’t mean I’m liable for their errors.

We took a quote from Topsy23 in his own letterhead. If you chose to make payment to him through me as the GC, that doesn’t make me liable for any issue that arise during the course of executing his job.

Accepting a bid on your behalf shouldn’t be a problem na.

All these stuffs are simple things we should understand.

Na wa o!

somehow:
And you believe the nonsense he wrote because he typed sermon?

Since you are interested in the issue, maybe you should take time to read through some of the posts made on this thread concerning the issue, that should give you a better understanding of the case.

Now that it's the QS he has shifted his inability to honor the contract he drafted nor refund for 3 months counting, I will wait to see what else he comes up with when that is debunked.

This dishonest jobber had the audacity to claim that the roofing aspect of the contract wasn't his responsibility even though he was the one that recommended the change from wood to steel, sent in the new bill and was paid the difference directly without having any contact with whoever he planned to use just because the quote was in another person's name.

How dishonest can one be again?

Time baits him.

Every contract made with NextHome were officially signed and sealed.

I believe you still have all these documents sir:

- Borehole
- Construction of a 4 Bedroom Duplex
- Construction of a 400sqm Fence
- Construction of a 300sqm Fence

The contract for the installation of a steel truss was bidded for by a different contractor in his own letterhead and the downward review was carried out by the QS and not NextHome.

To make things clear, we removed the cost of roofing woodwork and workmanship completely from NextHome contract.

If this is different, you can refute the claim.

Please kindly explain the dishonesty part.

Do you have officially signed documents from NextHome for every works listed above or not?
Did you receive a quote for the steel trusses from a separate company or not? Is QS part of NextHome’s company to help us make a downward review of our estimates? Did this ever happened on any of the contracts we handled?

______

So if there’s issue with the subcontractors work and we offered to help fix it at no cost to you when you raised it but you refused and you hurriedly went to fix it by yourself. I don’t know what else to do.

Sufficient evidence to back this up is available on request.

>> Closing Out The Year With A New Build | SCH Haus by NextHome

Wishing our clients, customers, suppliers, and friends a lovely holiday season from all here at NextHome Design+Build.

Looking forward to a mutually beneficial relationship with you in the new year.

ArchyDesmond:
i dont know if this issue has been sorted or not. What i will tell you is that, as a Building contractor, You need to employ the service of a personal Quantity Surveyor. You will only be doing yourself a disservice if you think you don want to engage one because of the financial part.
This is more than what you can handle. Be more professional.

Smiles

Interestingly, we are here because of QS submission/recommendation. I’m not making additional claims on my part other than what was in my contract.

If a professional QS can’t spot errors in his submission/calculations, then I shouldn’t be the one to point it out again.
We’ve had to do the same thing over and over for months and it seems I’m deliberately stalling the process when I’m actually stating the obvious.

Conflicts and delays are just the end result of everything that has gone wrong prior to.
Often times, most clients want to track expenses forgetting that it is insufficient, inadequate or ineffective progress tracking and re-planning as the project proceeds through execution that causes devastating impact on a project’s momentum.

Showing up unexpectedly at the twist of event, recommending termination of an ongoing contract for ?? and recommending the client spend more to complete a fixed sum contract with over-optimism that the contractor can be cornered, intimidated or bullied into making a refund for all additional expenses are some of the biggest pitfall of the project.

I didn’t expect anything less because this is coming from someone who hasn’t visited the project until he was invited and was only acting on what he was told.

I played a similar role on another project that we just completed few weeks back and none of the subcontractors involved were sacked because I knew a project’s overrun is a result of inaccurate analysis and planning and it cost more to fix when wrong approach and strategy are applied.

The project owner suffers the most when wrong decisions are made.

Go back to the thread https://www.nairaland.com/6450270/construction-journal-xl6-trillion-atrium and read from page one to the last page and ask yourself a simple question, “What could make this beautiful project hit the brick?”

We worked non-stop

I wasn’t surprised to see a new contractor charging 50k to power his equipment for just 5 days. We powered the project for 60 days at no additional cost to our client.

I wasn’t surprised to see ambiguity when new contractors are asked to justify claims for repairs and ridiculous costing. “..the trusses were not properly done. Ask anyone...”

_______

Note: I used the same QS for one of my project this year even though his bill was thrown away by my client.