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Building Contractor Issues . . . Now What? (1 Viewer)

Anarchy99

Footballguy
We enlisted a local building contractor to help fix up our house. Lots of interior painting but also redoing a bathroom, redoing a kitchen and bathroom, adding in tile and back splash, and resurfacing our hardwood floors. Jumping to the end of the story, the place is WAY behind schedule (by weeks and now months). They haven't showed up in forever, and they do not return calls / texts / emails. That's Item #1.

Issue #2, they never finished the work, They have done a lot of it, but there is still stuff that needs to be finished in every room in the house. Still things that need to be painted. Third, and somewhat in line with issue #2, they really didn't do a very good job on anything. They installed a sink that leaks. They took off trim but did not reinstall it or paint it. They dripped pain on things but made no effort to clean it up. They made very little attempted to sand out scuffs or scratches in the hardwood floors, so they just put polyurethane over things that clearly needed to have some minor repairs first. Other examples include not measuring things properly, so baseboards and trim were cut and installed but are not the right length. Rehanging doors they cracked the door and door frame. Bottom line, if you say the work, you would be quick to point out that it does not look like a professional did it and it doesn't look right.

There was also some damage to other things in the house (put a huge gouge in a dresser, knocked over and broke several picture frames, damaged a brand new air conditioner, etc.). As things stand now, the entire house is in disarray, as literally every room in the house is still under construction with all our furniture and belongings moved and somewhat inaccessible (it's been 3 months).

We have paid 2/3 of the agreed to amount. Clearly we are not going to pay anything else (at least at this point), but what is an appropriate exit strategy? If we have to go out and hire someone else to finish or fix what they did, legally does the first company have to foot the bill for that?

Also, the company left both their own tools and equipment at our house and rented equipment at our house. Can we just sit on that to force their hand? I'm at a loss on what to do from here . . .

 
If you have the money, hire a reputable contractor to finish the work and then sue in small claims.   You can have the new contractor as witness to make your case.  

 
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A judge will determine damages but if the new company just finishes what the original contractor started, you should be able to sue for the difference.   Say total contract was 9,000.00   You paid 6,000 the first contractor, it takes 6,000 for new contractor to complete.   You should sue for 3k.  

 
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My wife knew people that used them and friends of friends and neighbors used them. Got rave reviews. But for us . . . not so much.

Don't know if they are licensed. Yes there is a contract, yes there was a spelled out timeline. No they didn't meet it. Part of the issue is they scheduled many other jobs (and likely better paying ones), so they have been chasing those and ignoring ours.

Forgot to mention in the OP that the bulk of the work was slotted to be done when we were on vacation for 10 days, since us living in the house would be a logistical nightmare. Except they went to other job sites when we were away. Of course, when we came back and very little was done, we were none to pleased. Then we were told that it is very difficult for them to work around us and we needed to be someplace else. Lke we would go on ANOTHER vacation.

Thought about taking them to court, but even if we win there is little chance we will see any of the money IMO. Been to small claims over the years for lots of things. Got judgments and awarded monies. Collected on none of them.

 
My wife knew people that used them and friends of friends and neighbors used them. Got rave reviews. But for us . . . not so much.

Don't know if they are licensed. Yes there is a contract, yes there was a spelled out timeline. No they didn't meet it. Part of the issue is they scheduled many other jobs (and likely better paying ones), so they have been chasing those and ignoring ours.

Forgot to mention in the OP that the bulk of the work was slotted to be done when we were on vacation for 10 days, since us living in the house would be a logistical nightmare. Except they went to other job sites when we were away. Of course, when we came back and very little was done, we were none to pleased. Then we were told that it is very difficult for them to work around us and we needed to be someplace else. Lke we would go on ANOTHER vacation.

Thought about taking them to court, but even if we win there is little chance we will see any of the money IMO. Been to small claims over the years for lots of things. Got judgments and awarded monies. Collected on none of them.
You are not doing it right.    I got the sheriff to take property to auction off from a person's home to pay the bill.

 
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My wife knew people that used them and friends of friends and neighbors used them. Got rave reviews. But for us . . . not so much.

Don't know if they are licensed. Yes there is a contract, yes there was a spelled out timeline. No they didn't meet it. Part of the issue is they scheduled many other jobs (and likely better paying ones), so they have been chasing those and ignoring ours.

Forgot to mention in the OP that the bulk of the work was slotted to be done when we were on vacation for 10 days, since us living in the house would be a logistical nightmare. Except they went to other job sites when we were away. Of course, when we came back and very little was done, we were none to pleased. Then we were told that it is very difficult for them to work around us and we needed to be someplace else. Lke we would go on ANOTHER vacation.

Thought about taking them to court, but even if we win there is little chance we will see any of the money IMO. Been to small claims over the years for lots of things. Got judgments and awarded monies. Collected on none of them.
then just fire them, hire another contractor, and keep the tools.. 

 
New Hampshire
Check to see if your state has a Division of Consumer Affairs or something similar where contractors are licensed or regulated.  There is a good chance they have a conflict and complaint section.  It might be worth your while to see what is available there.  And then talk to an attorney.  Because much of the information in this thread so far would be bad legal advice in New Jersey whereas it might not be in other jurisdictions.

 
You are not doing it right.    I got the sheriff to take property to auction off from a person home to pay the bill.
My experience has been as follows (following the process in my state). Go to court. Judge hears sob story. I get awarded an amount. Other party ordered to pay. They don't. Have to go back to court to demand payment. Judge hears new sob story and orders minimal payments (like $25 a month) until paid off (without any interest). 

Then don't get any payments. Have to go back to court to proclaim lack of payment. By then, other party a no show. If an individual, they moved with no forwarded address or moved out of state. Best case in that scenario is a warrant could be issued for their arrest if they ever show up and get stopped by the police. If a business, the business files for bankruptcy and opens under a new name. Sadly, they are no longer legally obligated to pay anything.

As I mentioned, this has happened multiple times involving both individuals and businesses and never got a dime out of any of them.

And in my state, there are no licensing requirements for contracts, so that certainly is not going to help any.

 
I would take the tools and rental equipment and lock it away so that they cannot access it.  Send them a demand letter for refund of payment and notice that the relationship is going to be terminated due to breach of contract.  Further stipulate that you are accepting the tools a partial payment for what is owed back to you.  Start collecting bids to finish the work from another contractor.  Hopefully the 1/3 you have left plus the value of the items left behind get you somewhat whole.  Out of curiosity what kind of tools were left behind, anything valuable?

Oh, and call every person that told you they were a good contractor and tell the to F OFF!

 
This place (and their customers) post pics of their completed projects and lavish comments about how great they are. Posting negative stuff about them online . . . yeah? Nay? Potential lawsuit in the making? I am not a big social media guy, so not sure what is considered the way things work these days.

 
This place (and their customers) post pics of their completed projects and lavish comments about how great they are. Posting negative stuff about them online . . . yeah? Nay? Potential lawsuit in the making? I am not a big social media guy, so not sure what is considered the way things work these days.
Post pics of the crap job they did at your place.

 
This place (and their customers) post pics of their completed projects and lavish comments about how great they are. Posting negative stuff about them online . . . yeah? Nay? Potential lawsuit in the making? I am not a big social media guy, so not sure what is considered the way things work these days.
It will get their attention although I'm not sure it helps the situation as they will most likely delete the post. As James Daulton pointed out, most all contractors suck.

In a similar situation with a company I contracted to manufacture custom built safety trailers for the company i work for. Paid homey $250k up front, took the money and made bigger, better trailers for a different segment of his business then drug his feet on our units for months & months before we decided to sue him. They counter sued and we're going back & forth with the lawyers now. Hate contractors.

 
My wife finally heard from the place. Their story is they are overbooked and lost our number (total BS). They want to add in extra services for no extra cost and promise to finish everything within 7 days as we are having a graduation party coming up. At this point, I don't believe a word they say anymore . . .

 
My wife finally heard from the place. Their story is they are overbooked and lost our number (total BS). They want to add in extra services for no extra cost and promise to finish everything within 7 days as we are having a graduation party coming up. At this point, I don't believe a word they say anymore . . .
The problem is, at this point, you don't have much of a choice. Any really good contractor is at least a month out now.

 
Has to be some way you can go after their license.  I had an issue with the guy that built my house.  In Michigan you can file a claim with the Attorney General and they begin proceedings to investigate and review licensing and will revoke their license if it is a big enough issue and there is no resolution from the contractor within a certain time limit. Funny how just taking that simple step and threatening his license, the guy called me and fixed and finished the job ASAP, when I hadn't heard anything from him in months before.

I know it doesn't help specifically with your case in NH, but perhaps there is a similar setup in your state as this?

 
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Here's the thing about contractors: they never turn down business. They say "Yes" to every job opportunity. But of course they don't have the manpower to take care of everyone at once. So, one customer gets most of the attention, 2-3 others get a cursory "drive by", and the rest get completely ignored until the crew is free.

If this company really does have a bunch of satisfied customers, then the odds are in your favor that EVENTUALLY you'll be satisfied too. But who knows how long it will take to get to you?

You should definitely document every bit of damage and definitely hold their tools hostage until they come back and finish the job.

 
Here's the thing about contractors: they never turn down business. They say "Yes" to every job opportunity. But of course they don't have the manpower to take care of everyone at once. So, one customer gets most of the attention, 2-3 others get a cursory "drive by", and the rest get completely ignored until the crew is free.

If this company really does have a bunch of satisfied customers, then the odds are in your favor that EVENTUALLY you'll be satisfied too. But who knows how long it will take to get to you?

You should definitely document every bit of damage and definitely hold their tools hostage until they come back and finish the job.
And obviously no payments until you are satisfied with the job and they have finished any 'touch-ups' that you notice during the walk-thru when they say they are done.

 
The problem is, at this point, you don't have much of a choice. Any really good contractor is at least a month out now.
Agreed.  Not much of a choice but to let them back in and hope they finish the job.  The only problem is they may just be coming to get their tools.

 
Who has 'been to small claims court many times'?!??!?  How often are you suckered (or are you just very sensitive)?

 
Godsbrother said:
Agreed.  Not much of a choice but to let them back in and hope they finish the job.  The only problem is they may just be coming to get their tools.
Tools? What tools? :whistle:  

 
I had a similar experience four years ago.  Ended up firing the recommended builder and losing the majority of the money I had paid him. No money back from him but some of the work he did was acceptable and did not have to be re done.  Big learning experience for us but also met a contractor through the experience and try to get him whenever I can now. 

What part of NH you in? I lived there back in mid 90's early 2000's and still know a couple of good contractors in southern NH.  Any interest, let me know. 

 
You are not doing it right.    I got the sheriff to take property to auction off from a person's home to pay the bill.
If they incorporated or formed an LLC then good luck on that but if they are a sole prop then absolutely.

80% of contractors just flat out suck. Now, I will preface this with the obvious fact that there are great ones out there that doing everything right. Every industry/profession etc has good and bad ones. The problem is that a whole bunch of the people doing this type of work are doing it because they can't/won't do anything else to a much higher degree than pretty much any other type of job.

 

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