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Barry Carlton 
Posts: 162 Since: 6/30/2008

|  4/8/2009 5:22:03 PM  Retainers
How do you all feel about retainers? You know, where a store with holds a certain amount in case you do not take of repairs or replacements.
My feeling has always been that it is a sign of mistrust. That they do not trust their installers. Or at the very least they do not screen their installers.
I walked out of a store today that wanted to work me, because of the retainer...$1500.00. And I reeeeeally need the work.
What are the legalities of this? I am already insured, licensed, and have a spotless work reputation.
b
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Stephen Perrera 
Posts: 823 Since: 5/27/2008

|  4/8/2009 11:36:56 PM 
Its not alloed in AZ unless its in a contract or .gov job. Look up retainers. Some states are different.
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Barry Carlton 
Posts: 162 Since: 6/30/2008

|  4/9/2009 12:22:44 AM 
quote: Its not alloed in AZ unless its in a contract or .gov job. Look up retainers. Some states are different.
It is legal here in Idaho. But some one emailed me with a thought.
I am the one providing the professional service....so.....I should be the one requiring a retainer to insure myself if the retailer bails.
b
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Roland Thompson 
Posts: 281 Since: 2/27/2008
|  4/9/2009 3:57:20 PM 
You also can do it here in MD, VA area. I have never had a company hold one on me,I had one try once and I did what Barry did and that was to walk,week later they call and said ok we will not but do not tell the other installers. I said no I will not work for you because I do not belive in it. Lucky I had enough work that I did not need them.
FD
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Roger Gerber 
Posts: 327 Since: 3/17/2008
|  4/9/2009 4:15:12 PM 
In Ohio it is not legal for anyone to hold a retainer UNLESS you and they specifically sign an agreement to allow it. Then it becomes a form of contract addendum.
One large retailer here with 10 locations went bankrupt and it was said had retainers from 200 installers. That would be $400,000, and no one got a dime back. Fortunately I walked when they started making noise about retainers.
In 35 years I had one company hold retainage, $1000 and at the end of the year they gave me $975 after I asked for it. They added $50 interest and deducted a service call which they never contacted me about. I could have fought it but decided it wasn't worth it.
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Barry Carlton 
Posts: 162 Since: 6/30/2008

|  4/9/2009 4:16:16 PM 
This retailer pays 2 weeks behind, that's okay. But if he bails he would have at least 2-3Gs of my money add the other 1500 to that and......where is my insurance. I am a contractor, not an employee, and no secured property to reclaim. They have all the legal means to sue me for reclamation of any services deemed unresolved and unacceptable....and I have none.
Hence, I should be the one requiring a retainer from them.
b
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Roger Gerber 
Posts: 327 Since: 3/17/2008
|  4/9/2009 4:21:03 PM 
With all this talk of retainers I understand why retailers want a retainage. I have seen far too many installesr butcher a job and then just walk away.
So the retailer learns to not trust any installer. But on the flip side I have seen a lot of good installers get burned by companies who go out of business or just don't pay the bills.
That is one reason I liked the use of an installation contract for each job that I did. Properly filled out it was in reality an invoice that could be taken to court if necessary.
Again I only used it once or twice in my career, and then only as a threat. The threat got my check (better late than never)!!
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Rusty Baker 
Posts: 111 Since: 6/7/2008
|  4/9/2009 9:38:15 PM 
The first retailer I worked for when I went on my own, handed me a contract every morning. It had customer name, address, yards, diagram and very explicit instructions on what the customer paid for. If we ran into anything extra we called the store and he explained to the customer the extra charges. On Friday night , you handed in your tickets and he paid them , no questions asked.
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Selva Lee Tucker 
Posts: 634 Since: 5/25/2008
|  4/11/2009 10:17:52 AM 
Roger, I have noticed, you also, never tell the good installers how much more money they make than inspectors!
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Roland Thompson 
Posts: 281 Since: 2/27/2008
|  4/11/2009 4:04:43 PM 
You know the inspectors make more then us poor installers.
FD
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Roland Thompson 
Posts: 281 Since: 2/27/2008
|  4/11/2009 4:04:44 PM 
You know the inspectors make more then us poor installers.
FD
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