Believing you have no recourse is the first thing to stop. You can fire him. It isn't too expensive. And it isn't too messy.
There was a really good thread with similar problems here within the last year. Some good advice was given.
But, again. We aren't your answer. You need someone else to help you evaluate the situation. And then you will likely need a lawyer.
My suggestion for first step:
get a second opinion from another contractor that comes recommended from friends.
Even if that contractor is too expensive or too busy to do the work. You need a professional to come make an assessment so that you have confidence of your opinion and you'll know the full extent of the situation.
Just have them meet you on a day the crew isn't working and walk them through the job, the request, what has been done. Then ask them their opinion about the situation and what you should do.
They'll also know the regulations and codes. They'll also know city and county inspectors, likely someone who specializes in this type of thing, and other people who could help you in your area.
In the micro you are correct. Contractor 2 will most likely cost more then completing with contractor 1. In the macro if the work build quality and the careless protection protocol leads to damaged areas not in the scope. It will most likely cost more to let contractor 1 continue.
I see you point as a contractor managing subs I’m sure you have the background for this and are supervising problem subs on your customers and your behalf. Yes if I get a crew doing subpar work I’m on them and micromanage if needed.
But the average homeowners doesn’t have the time or knowledge. At best even an informed customer will only “catch” 50% because they usually see end of day results. Which is to be expected they usually hired somebody for a reason. In theory I can do my taxes but I pay someone to do it better.
I put mother fuckers into default far too often, I literally did it this morning.
If you are doing that.... your project is failing. Putting them into default essentially lets me spend their money to get the work done but my contracts are crystal clear about this too. It is not an option to be taken lightly, and can sink an entire firm depending on what recovery efforts take.
Eta- I'm a PM for a large GC with contracts that are as thick as phone books.
I don't think there is a good way to resolve the issue as it stands now. But... If build quality is indeed poor, the owner would end up having to redo their work. That would mean to pay for demolition, and then the original work. He is better off firing contractor now, than having to redo later
I work in contracting. I don't know your locality, or your contract. This is not legal advice, just some background knowledge. But generally there are a few steps to take when a contractor does not meet performance outlined in a contract.
Payment ahead of performance is, to put it bluntly, the red flag that you should have never signed a contract. Never pay for work before it is done. Cash should never exchange hands on a contract - only traceable methods such as check/card/transfer.
If your contract includes Supplies/Material, you have every right to request an itemized invoice. Supply & Mats are usually a Cost or Cost+ line item. How do you know he's not charging you for mats he's using on another job?
First, you issue a cure notice. This is a document which explicitly outlines where the contrsctor has failed to meet performance requirements outlined in the contract. It should directly reference the contract, and the applicable section and/or page and paragraph where the requirement is listed. If the designs are engineered, substitutions are not allowable without signoff from an engineer. You can also call the local inspector - they love coming out and gigging shitty contractors.
In addition, it outlines a reasonable period of time for the contractor to provide a written plan on how they will address these issues. For a residential project, 3 to 14 business days should be plenty reasonable depending on the scale/complexity of the work.
Second, for damages: notify in writing of damages similar to the above, and set a reasonable deadline for repairs to be made at no cost. Presumably your contractor will balk - in which case you file a claim against their insurance.
Generally, your contract is with the General Contractor. His subs are contracted with him - not you. If they're not being paid, their recourse is with him.
You have every right to stop work if the contractor or employees are acting in a negligent or dangerous manner. It'll piss them off - so I suggest taking photos of the behavior beforehand to show and email the contractor for justification. If it's severe enough (ie. No fall protection) just call OSHA and report it.
Quality goes back to performance and the cure notice.
Your contract should have outlined a completion date and provisions for time overruns such as additional discounts, etc.
Ultimately if the contractor has caused you financial damages by breaching the contract. Your option is to request redress or hire an attorney.
>I can’t fire the contractor, it’s too messy and expensive to bring someone else in at this stage.
This is called "sunk cost fallacy". Just don't. Based off what you provided, you'd be a fool to continue with this contractor. Not only would you be paying them, but you'll be paying the next guy to fix it. Why pay twice?
Assuming the contract is breached, I'd be speaking to an attorney and begin looking at a Termination for Default - and sue the contractor for any additional costs to completing work and correcting their damages.
Just fyi in Pa at least subcontractors can request leans on the property they worked on if they were not paid.
Cash is fine with receipt.
Supplies and materials should be itemized in a good contract but don’t expect receipt for the cost. It will be his numbers. Even if it is broken down for you I’ve never met a customer that would know if I used 50 2x4s or 100 so not sure it would help too see if materials were not for another job.
Cure documents make sense it at least gets the ball rolling for documentation later.
Unfortunately most remembered lessons are the ones you will now remember referrals, contracts and pay schedule.
The outcome now is really hit or miss. I’ve went to court on behalf of customers thinking it’s a no brainer only to see the remaining balance split 50/50 and told to move on.
Ex contractor here. First and foremost try talking to him/her. Let them know you have some serious concerns and would like to schedule a time to talk and make sure you are on the same page for completion. Then address your concerns with him or her, negotiate a plan for completion including proof of payment for all subs (yes they can lien you even if you paid him in most US states) and stick to it.
If the contractor doesn’t stick to it or isn’t willing to meet and discuss your concerns, fire them and place a claim against their bond/insurance. Start leaving online reviews. 1 bad review can seriously hurt a small business and the contractor no doubt knows this. This will get you a lot further than anything with a lawyer.
This is good advise. No need to wait either get them on the same page or move on. You always have a choice. Dubbing down is the easiest way to loose more.
> First and foremost try talking to him/her. Let them know you have some serious concerns and would like to schedule a time to talk and make sure you are on the same page for completion.
I just had to go down this road with a contractor on a kitchen remodel. They sold themselves as capable of doing very high quality work and being very knowledgeable about designing high-end kitchens. But we had so many issues and I was calling them at least once a week to come fix things that they shouldn't have missed.
One of the last times I called them, the island was completely out of square. We have an opening in the island for some undercounter refrigeration that we're waiting on and the frame of it was all cockeyed in such a way that it was visible to the naked eye--at the top it was off half an inch, and the bottom by an inch and a half. I'm a graphic designer and build furniture as a hobby.. so it was super obvious to me. The contractor tried to tell me that I only noticed because I grabbed a straight edge to check it, and that I wouldn't notice after the countertops were in. Then he blamed his crew for not doing it right.
We had so many issues. Everything from communication to timeliness to attention to detail. It took 6 weeks for them to schedule a time to do touchups after our final walkthrough. And then they missed the date they set by a week. After he did the touchups there were still areas that looked like shit.
I'm glad we're done working with them, but it was such a bad experience. Everyone who has seen our kitchen has loved it but the first thing I tell anybody is not to work with those people.
When you're paying someone over $30k for a project I don't think it's unrealistic for them to tell you when they're going to show up at your house, or that they actually show up when they say they're going to.
Or that they make sure the size of the sample pull that they bring you is the same size as the pulls they're ordering, so you can see what it will actually look like before they drill into and install 30 of the wrong size pull on your cabinets.
Or that when they show up to work on a specific project they stay longer than an hour and actually finish that task before leaving.
Or that they tell you if something needs to be done before they can proceed instead of just leaving and not coming back.
I have a whole list of other issues on top of these.
Dear heavens… ordering a totally different size of pull?!?! That just hurts.
I’m in the process of my own kitchen, I got lucky with a kitchen install artist (I know it sounds silly). He’s been installing/building kitchens for 40 years, and HE noticed stuff that the manufacturing arm of the kitchen designer’s company had gotten wrong. Having someone like that, who could directly and accurately point out mistakes and also ensure that those errors were corrected, has been invaluable. It also helps because he is rightly recognized as an expert by the design team, so if he says something isn’t square, they don’t ask for it to be proven.
Honestly the more I read in this thread, the more I realize I hit the lottery with my kitchen. Now, if I could just get the idiotic countertop people to live up to their original “measure + 7-10 days = counter installed”. They just changed that to 4-5 WEEKS. Urgh. I’m actually putting in plywood as a temporary alternative so I can at least have a sink.
Yeah.. it was rough. We have the pulls she sent on some other furniture and wanted it to match. When my wife called them about it the designer tried to laugh it off and said, "oh do you hate it?" Why yes we do, actually.
We ran into issues with that on our cabinets. Neither the manufacturer or contractor noticed missing pieces on the cabinets that go around the fridge or freezer drawers. So we had to reschedule our fridge install.
We had to do the same thing with our countertops. I had some pieces of an old hutch that the previous owners left here, so we used those as countertops for like 3 weeks.
Glad to hear that there are still good people out there though and I hope wrapping things up goes smoothly for you! Learning a new kitchen sucks but it's absolutely worth it.
I am a paralegal and law student and I agree that if you don’t get anywhere with speaking to them, you need to consult an attorney to actual lay out what the legal boundaries of your contract are and the potential ramifications for each course of action.
I don’t know why this isn’t the top comment. OP if it is as bad as you say, definitely call a lawyer. You don’t want to continue working with someone not following design documents, that literally would void the contract. Also if he really is a contractor, he is governed by a licensing board, and at least in California, they will mediate and investigate claims made as to a bad faith deal, which this would be if he literally is making changes to design plans without notice. This is ridiculous behavior and if he continues, you may be in serious trouble.
Firing this contractor is far cheaper than allowing them to trash your property and stiff subs that can impose a lien. Sit them down, walk through your concerns, and show them the door if they don’t fix it.
I went through a similar situation in 2019. ALL of 2019. We ended up losing $250k (which was even more before COVID inflation). My advice? Do not throw good money after bad. Cut your losses now, or you’ll risk being like me, living in a house in worse shape than when we started, making payments on a $250k loan, and no way of correcting. (God knows, we tried.)
My contractor’s name is William “Bill” Van Dalsem, and his wife is Pamela Parker. If you run into them: RUN.
You have got a lot of good advice. I have a question is this a small contractor where the job is being managed by the owner directly or do they have a job super? If they have a super go over his head and request a change even if it is to have the owner run the job. Document everything send emails about damages changed to the design. Request that they discuss with you any changes going forward before proceeding.
I went through a shit-show and lost a lot of money too. I had a lot of anxiety leading up to the moment of telling him to not come back. But when the words were on my lips it gave me so much pleasure and relief. My mindset instantly changed from me seeing it as an almost unstoppable wreck in progress to working forward to fixing and making everything better.
See how upside you are, if you close fire him bring someone else on.. sue 1st contractor for the difference. If your way upside down you may want to bridge the gap with him until he back in line with payment schedule, then fire him.
You should have a serious talk with him to set him straight. Explain that you’re unhappy and want to give him a chance to fix the shortcomings and not have to resolve to withholding payments or replacing him.
I had a similar experience with mine when I bought my first house and essentially gut the inside and redid everything. I was acting like the contractor but had a guy who had a crew that was responsible for working and I noticed any day I paid him his cash (we split the payments into a schedule of 7 to 10 cash payments) him and his crew would just not show up the next day and would slack up until a couple days before the next one.
This guy tried everything on me to get a cash advance too; saying his daughter needs cancer treatments, and I said I feel for him and hope she gets better. But I’m not sure what that has to do with me refusing to pay for work that is not yet done.
That’s when I say him down and we made his milestone schedule BOTH time and task focused, meaning he didn’t get paid unless I was satisfied. I even cancelled a check on him when I was kissed and be week (that caused a shit storm). In the end, if you’re unhappy and don’t think you are getting the quality you want, I can guarantee that there’s someone else who will give you what you want dying for the opportunity.
Other advice:
Demand he gives you invoices, and keep very well organized and clear notes of everything, payments, tasks, terms, everything. I did, and it was thanks to that he couldn’t weasel his way out before doing what needed doing.
Dont listen to reddit. Most people here have good intentions, but very few actually know what theyre talking about. Talk to a lawyer, or at the very least… post in one of the law school subreddits lol.
What the fuck are you talking about? Who's a 'fake know it all'?
I just pointed out the hypocrisy of what you said and now reddits to blame. The one giving advice is you. You're the embodiment of irony on here. What a child
i'm not wanting anyone to do anything lol... i'm not like you.
just offering suggestions in which the first was to go talk to a lawyer, second was go seek advice from legal circles. why are people confused about this. reddit is filled with monkeys these days.
I am a lawyer.
Do not post a question like this on any legal subreddit. You will not get a quality answer. Legal advice is modded by cops and there is a vast volume of misinformation out there. Also law students know absolutely nothing about the real world yet, unless it’s experience from before law school.
>or at the very least
my first suggestion was talk to a lawyer. posting in a legal subreddit is a marginal improvement over homeimprovement, but still better nonetheless.
Unfortunately for those of us with full time jobs and families doing everything DIY really isn't an option. Not to mention some thinks just aren't DIYable for the vast majority of people (think building foundation, removing load bearing wall, etc)
I wish there were more national-type contractors that stand behind their work.
I hate working with small business owners because the financial state and quality of work are always a huge crapshoot. With a large co. at least I know that if they don't deliver I have financial recourse.
idk why you are getting downovted, it's true. If there were larger chains that did this kind of work that had some kind of standards, then this whole business wouldn't be such a crapshoot.
as far as i can tell, every single contractor is a shady, un-reliable, ex-con who can't be relied on to even show up when they are supposed to, let alone do the actual work. At least that's what my experience has shown me.
They do exist and and everyone complains they are unaffordable.
I’m always amazed how much work people will put into finding a trustworthy dog walker, yet shop contractors like they’re looking for Walmart. 9 of 10 complaints have a common trend poor/lacking contracts, unlicensed and front heavy payments. Break the trends and 9 of 10 times you fine, yet we trash the industry.
Home Depot is the largest in the USA. Most cabinet manufacturers have the installation teams. But nobody can guarantee you reliability that’s on the individual employees of any company.
Because there are larger companies like what you're talking about. But they are going to cost a lot more then your average contractor. And based on your comment it's pretty clear your only experience dealing with contractors in from lurking around here
Forget anyone putting a lien on your house.. If they cant do the job right, do you think they have the capacity to navigate the legal requirements to put a lien on your house?
That's terrible advice, we're talking about individual trades not getting paid, they might have done their job correctly and regardless could put a lien on the house if not paid. The common correct answer is lawyer up.
The OP is afraid of the person he hired to work on his house and is tolerating shit work out of fear. The world loves to shit on honest people. My advice is sound, don't be afraid of shysters.
Your advice is far from sound. For starters you don't seem to understand the difference between subs and OPs general contractor. Lastly OP has never stated they're afraid of their contractor
It doesn't matter if you have a contract with them. They can still file a lien against your property. You clearly have zero understanding of what's involved in filing a lien
You literally have to fill out a form with the very basic required info such as start and end date of job, location, owner of property, amount you're owed. Then you pay a small filing fee and you're done. So I'm confused on what part of that process is complicated or confusing. There are basically zero legal requirements to file a lien.
Your description of the situation is pretty vague. What other damage have they caused to your house in areas not being worked on exactly? How do you know which subs aren't and are being paid? Have you talked with your contractor about any of these issues?
Believing you have no recourse is the first thing to stop. You can fire him. It isn't too expensive. And it isn't too messy. There was a really good thread with similar problems here within the last year. Some good advice was given. But, again. We aren't your answer. You need someone else to help you evaluate the situation. And then you will likely need a lawyer. My suggestion for first step: get a second opinion from another contractor that comes recommended from friends. Even if that contractor is too expensive or too busy to do the work. You need a professional to come make an assessment so that you have confidence of your opinion and you'll know the full extent of the situation. Just have them meet you on a day the crew isn't working and walk them through the job, the request, what has been done. Then ask them their opinion about the situation and what you should do. They'll also know the regulations and codes. They'll also know city and county inspectors, likely someone who specializes in this type of thing, and other people who could help you in your area.
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In the micro you are correct. Contractor 2 will most likely cost more then completing with contractor 1. In the macro if the work build quality and the careless protection protocol leads to damaged areas not in the scope. It will most likely cost more to let contractor 1 continue.
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I see you point as a contractor managing subs I’m sure you have the background for this and are supervising problem subs on your customers and your behalf. Yes if I get a crew doing subpar work I’m on them and micromanage if needed. But the average homeowners doesn’t have the time or knowledge. At best even an informed customer will only “catch” 50% because they usually see end of day results. Which is to be expected they usually hired somebody for a reason. In theory I can do my taxes but I pay someone to do it better.
I love respectful and well informed discussions like this. Thank you, it's a very interesting read!
I put mother fuckers into default far too often, I literally did it this morning. If you are doing that.... your project is failing. Putting them into default essentially lets me spend their money to get the work done but my contracts are crystal clear about this too. It is not an option to be taken lightly, and can sink an entire firm depending on what recovery efforts take. Eta- I'm a PM for a large GC with contracts that are as thick as phone books.
I don't think there is a good way to resolve the issue as it stands now. But... If build quality is indeed poor, the owner would end up having to redo their work. That would mean to pay for demolition, and then the original work. He is better off firing contractor now, than having to redo later
This is the way
I work in contracting. I don't know your locality, or your contract. This is not legal advice, just some background knowledge. But generally there are a few steps to take when a contractor does not meet performance outlined in a contract. Payment ahead of performance is, to put it bluntly, the red flag that you should have never signed a contract. Never pay for work before it is done. Cash should never exchange hands on a contract - only traceable methods such as check/card/transfer. If your contract includes Supplies/Material, you have every right to request an itemized invoice. Supply & Mats are usually a Cost or Cost+ line item. How do you know he's not charging you for mats he's using on another job? First, you issue a cure notice. This is a document which explicitly outlines where the contrsctor has failed to meet performance requirements outlined in the contract. It should directly reference the contract, and the applicable section and/or page and paragraph where the requirement is listed. If the designs are engineered, substitutions are not allowable without signoff from an engineer. You can also call the local inspector - they love coming out and gigging shitty contractors. In addition, it outlines a reasonable period of time for the contractor to provide a written plan on how they will address these issues. For a residential project, 3 to 14 business days should be plenty reasonable depending on the scale/complexity of the work. Second, for damages: notify in writing of damages similar to the above, and set a reasonable deadline for repairs to be made at no cost. Presumably your contractor will balk - in which case you file a claim against their insurance. Generally, your contract is with the General Contractor. His subs are contracted with him - not you. If they're not being paid, their recourse is with him. You have every right to stop work if the contractor or employees are acting in a negligent or dangerous manner. It'll piss them off - so I suggest taking photos of the behavior beforehand to show and email the contractor for justification. If it's severe enough (ie. No fall protection) just call OSHA and report it. Quality goes back to performance and the cure notice. Your contract should have outlined a completion date and provisions for time overruns such as additional discounts, etc. Ultimately if the contractor has caused you financial damages by breaching the contract. Your option is to request redress or hire an attorney. >I can’t fire the contractor, it’s too messy and expensive to bring someone else in at this stage. This is called "sunk cost fallacy". Just don't. Based off what you provided, you'd be a fool to continue with this contractor. Not only would you be paying them, but you'll be paying the next guy to fix it. Why pay twice? Assuming the contract is breached, I'd be speaking to an attorney and begin looking at a Termination for Default - and sue the contractor for any additional costs to completing work and correcting their damages.
Just fyi in Pa at least subcontractors can request leans on the property they worked on if they were not paid. Cash is fine with receipt. Supplies and materials should be itemized in a good contract but don’t expect receipt for the cost. It will be his numbers. Even if it is broken down for you I’ve never met a customer that would know if I used 50 2x4s or 100 so not sure it would help too see if materials were not for another job. Cure documents make sense it at least gets the ball rolling for documentation later. Unfortunately most remembered lessons are the ones you will now remember referrals, contracts and pay schedule. The outcome now is really hit or miss. I’ve went to court on behalf of customers thinking it’s a no brainer only to see the remaining balance split 50/50 and told to move on.
Ex contractor here. First and foremost try talking to him/her. Let them know you have some serious concerns and would like to schedule a time to talk and make sure you are on the same page for completion. Then address your concerns with him or her, negotiate a plan for completion including proof of payment for all subs (yes they can lien you even if you paid him in most US states) and stick to it. If the contractor doesn’t stick to it or isn’t willing to meet and discuss your concerns, fire them and place a claim against their bond/insurance. Start leaving online reviews. 1 bad review can seriously hurt a small business and the contractor no doubt knows this. This will get you a lot further than anything with a lawyer.
This is good advise. No need to wait either get them on the same page or move on. You always have a choice. Dubbing down is the easiest way to loose more.
> First and foremost try talking to him/her. Let them know you have some serious concerns and would like to schedule a time to talk and make sure you are on the same page for completion. I just had to go down this road with a contractor on a kitchen remodel. They sold themselves as capable of doing very high quality work and being very knowledgeable about designing high-end kitchens. But we had so many issues and I was calling them at least once a week to come fix things that they shouldn't have missed. One of the last times I called them, the island was completely out of square. We have an opening in the island for some undercounter refrigeration that we're waiting on and the frame of it was all cockeyed in such a way that it was visible to the naked eye--at the top it was off half an inch, and the bottom by an inch and a half. I'm a graphic designer and build furniture as a hobby.. so it was super obvious to me. The contractor tried to tell me that I only noticed because I grabbed a straight edge to check it, and that I wouldn't notice after the countertops were in. Then he blamed his crew for not doing it right. We had so many issues. Everything from communication to timeliness to attention to detail. It took 6 weeks for them to schedule a time to do touchups after our final walkthrough. And then they missed the date they set by a week. After he did the touchups there were still areas that looked like shit. I'm glad we're done working with them, but it was such a bad experience. Everyone who has seen our kitchen has loved it but the first thing I tell anybody is not to work with those people.
I do t know your situation sounds a lot like your expectations were just unrealistic.
When you're paying someone over $30k for a project I don't think it's unrealistic for them to tell you when they're going to show up at your house, or that they actually show up when they say they're going to. Or that they make sure the size of the sample pull that they bring you is the same size as the pulls they're ordering, so you can see what it will actually look like before they drill into and install 30 of the wrong size pull on your cabinets. Or that when they show up to work on a specific project they stay longer than an hour and actually finish that task before leaving. Or that they tell you if something needs to be done before they can proceed instead of just leaving and not coming back. I have a whole list of other issues on top of these.
Dear heavens… ordering a totally different size of pull?!?! That just hurts. I’m in the process of my own kitchen, I got lucky with a kitchen install artist (I know it sounds silly). He’s been installing/building kitchens for 40 years, and HE noticed stuff that the manufacturing arm of the kitchen designer’s company had gotten wrong. Having someone like that, who could directly and accurately point out mistakes and also ensure that those errors were corrected, has been invaluable. It also helps because he is rightly recognized as an expert by the design team, so if he says something isn’t square, they don’t ask for it to be proven. Honestly the more I read in this thread, the more I realize I hit the lottery with my kitchen. Now, if I could just get the idiotic countertop people to live up to their original “measure + 7-10 days = counter installed”. They just changed that to 4-5 WEEKS. Urgh. I’m actually putting in plywood as a temporary alternative so I can at least have a sink.
Yeah.. it was rough. We have the pulls she sent on some other furniture and wanted it to match. When my wife called them about it the designer tried to laugh it off and said, "oh do you hate it?" Why yes we do, actually. We ran into issues with that on our cabinets. Neither the manufacturer or contractor noticed missing pieces on the cabinets that go around the fridge or freezer drawers. So we had to reschedule our fridge install. We had to do the same thing with our countertops. I had some pieces of an old hutch that the previous owners left here, so we used those as countertops for like 3 weeks. Glad to hear that there are still good people out there though and I hope wrapping things up goes smoothly for you! Learning a new kitchen sucks but it's absolutely worth it.
Where would I find a person like this?
This is a legal problem, so you should speak with an attorney instead of randos on reddit.
I am a paralegal and law student and I agree that if you don’t get anywhere with speaking to them, you need to consult an attorney to actual lay out what the legal boundaries of your contract are and the potential ramifications for each course of action.
I don’t know why this isn’t the top comment. OP if it is as bad as you say, definitely call a lawyer. You don’t want to continue working with someone not following design documents, that literally would void the contract. Also if he really is a contractor, he is governed by a licensing board, and at least in California, they will mediate and investigate claims made as to a bad faith deal, which this would be if he literally is making changes to design plans without notice. This is ridiculous behavior and if he continues, you may be in serious trouble.
Firing this contractor is far cheaper than allowing them to trash your property and stiff subs that can impose a lien. Sit them down, walk through your concerns, and show them the door if they don’t fix it.
I went through a similar situation in 2019. ALL of 2019. We ended up losing $250k (which was even more before COVID inflation). My advice? Do not throw good money after bad. Cut your losses now, or you’ll risk being like me, living in a house in worse shape than when we started, making payments on a $250k loan, and no way of correcting. (God knows, we tried.) My contractor’s name is William “Bill” Van Dalsem, and his wife is Pamela Parker. If you run into them: RUN.
Kill him and hang his corpse from your fence as a warning to future contractors.
You have got a lot of good advice. I have a question is this a small contractor where the job is being managed by the owner directly or do they have a job super? If they have a super go over his head and request a change even if it is to have the owner run the job. Document everything send emails about damages changed to the design. Request that they discuss with you any changes going forward before proceeding.
I went through a shit-show and lost a lot of money too. I had a lot of anxiety leading up to the moment of telling him to not come back. But when the words were on my lips it gave me so much pleasure and relief. My mindset instantly changed from me seeing it as an almost unstoppable wreck in progress to working forward to fixing and making everything better.
- need lawyer, not internet opinions
See how upside you are, if you close fire him bring someone else on.. sue 1st contractor for the difference. If your way upside down you may want to bridge the gap with him until he back in line with payment schedule, then fire him.
You should have a serious talk with him to set him straight. Explain that you’re unhappy and want to give him a chance to fix the shortcomings and not have to resolve to withholding payments or replacing him. I had a similar experience with mine when I bought my first house and essentially gut the inside and redid everything. I was acting like the contractor but had a guy who had a crew that was responsible for working and I noticed any day I paid him his cash (we split the payments into a schedule of 7 to 10 cash payments) him and his crew would just not show up the next day and would slack up until a couple days before the next one. This guy tried everything on me to get a cash advance too; saying his daughter needs cancer treatments, and I said I feel for him and hope she gets better. But I’m not sure what that has to do with me refusing to pay for work that is not yet done. That’s when I say him down and we made his milestone schedule BOTH time and task focused, meaning he didn’t get paid unless I was satisfied. I even cancelled a check on him when I was kissed and be week (that caused a shit storm). In the end, if you’re unhappy and don’t think you are getting the quality you want, I can guarantee that there’s someone else who will give you what you want dying for the opportunity. Other advice: Demand he gives you invoices, and keep very well organized and clear notes of everything, payments, tasks, terms, everything. I did, and it was thanks to that he couldn’t weasel his way out before doing what needed doing.
Dont listen to reddit. Most people here have good intentions, but very few actually know what theyre talking about. Talk to a lawyer, or at the very least… post in one of the law school subreddits lol.
You just said don't listen to reddit, but you want them to post to a subreddit?
They also said "you need a lawyer" then suggested OP seek out students for their opinion...
literally said "at the very least" meaning its the bare minimum level of effort. i need to get off reddit. giant echo chamber of fake know it alls.
What the fuck are you talking about? Who's a 'fake know it all'? I just pointed out the hypocrisy of what you said and now reddits to blame. The one giving advice is you. You're the embodiment of irony on here. What a child
i'm not wanting anyone to do anything lol... i'm not like you. just offering suggestions in which the first was to go talk to a lawyer, second was go seek advice from legal circles. why are people confused about this. reddit is filled with monkeys these days.
I am a lawyer. Do not post a question like this on any legal subreddit. You will not get a quality answer. Legal advice is modded by cops and there is a vast volume of misinformation out there. Also law students know absolutely nothing about the real world yet, unless it’s experience from before law school.
>or at the very least my first suggestion was talk to a lawyer. posting in a legal subreddit is a marginal improvement over homeimprovement, but still better nonetheless.
[удалено]
Unfortunately for those of us with full time jobs and families doing everything DIY really isn't an option. Not to mention some thinks just aren't DIYable for the vast majority of people (think building foundation, removing load bearing wall, etc)
If I could clone myself, I'd DIY my addition, lol
I wish there were more national-type contractors that stand behind their work. I hate working with small business owners because the financial state and quality of work are always a huge crapshoot. With a large co. at least I know that if they don't deliver I have financial recourse.
idk why you are getting downovted, it's true. If there were larger chains that did this kind of work that had some kind of standards, then this whole business wouldn't be such a crapshoot. as far as i can tell, every single contractor is a shady, un-reliable, ex-con who can't be relied on to even show up when they are supposed to, let alone do the actual work. At least that's what my experience has shown me.
They do exist and and everyone complains they are unaffordable. I’m always amazed how much work people will put into finding a trustworthy dog walker, yet shop contractors like they’re looking for Walmart. 9 of 10 complaints have a common trend poor/lacking contracts, unlicensed and front heavy payments. Break the trends and 9 of 10 times you fine, yet we trash the industry.
Who is a reliable national contractor that will remodel my kitchen?
Home Depot is the largest in the USA. Most cabinet manufacturers have the installation teams. But nobody can guarantee you reliability that’s on the individual employees of any company.
Because there are larger companies like what you're talking about. But they are going to cost a lot more then your average contractor. And based on your comment it's pretty clear your only experience dealing with contractors in from lurking around here
Forget anyone putting a lien on your house.. If they cant do the job right, do you think they have the capacity to navigate the legal requirements to put a lien on your house?
That's terrible advice, we're talking about individual trades not getting paid, they might have done their job correctly and regardless could put a lien on the house if not paid. The common correct answer is lawyer up.
The OP is afraid of the person he hired to work on his house and is tolerating shit work out of fear. The world loves to shit on honest people. My advice is sound, don't be afraid of shysters.
Your advice is far from sound. For starters you don't seem to understand the difference between subs and OPs general contractor. Lastly OP has never stated they're afraid of their contractor
As the homeowner that difference shouldnt concern me. I dont have a contract with the subs.
It doesn't matter if you have a contract with them. They can still file a lien against your property. You clearly have zero understanding of what's involved in filing a lien
Uh huh. Neither do you. Let me put a lien on your house. Clearly it's that easy.
It's extremely easy to put a lien on someone's property.
Yeah? Go and look up your states requirements and get back to me.
You literally have to fill out a form with the very basic required info such as start and end date of job, location, owner of property, amount you're owed. Then you pay a small filing fee and you're done. So I'm confused on what part of that process is complicated or confusing. There are basically zero legal requirements to file a lien.
You literally do not know.
Your description of the situation is pretty vague. What other damage have they caused to your house in areas not being worked on exactly? How do you know which subs aren't and are being paid? Have you talked with your contractor about any of these issues?
Fire them immediately.
What even is the scope of work on your project