QUESTION
What do I do with a contractor that has not finished the job?
Asked on Aug 21st, 2013 on Labor and Employment - New York
More details to this question:
I hired a licensed contractor to do stamped concrete driveway, walkway to patio, patio, paver walkway to front door, paver wall around patio and waterfall. The concrete color turned out lighter than expected, so he was asked to stain it (we had to buy stain). Paver walkway was laid down but not finished, i.e. no retaining wall, polymeric sand, etc. Basically the job is at 75% complete. We started staining concrete on our own, because we want to get it done at this point. The contract we signed with him is 90% paid for. He has been calling us to say that he will come out in 2 days, 3 days, and so on. I'm guessing he's buying time. Not sure, which direction I should be going with this situation.
5 ANSWERS
Ronald A. Steinberg
Have a lawyer send him a letter to either finish the job as contracted, or refund the unused money.
Answered on Sep 11th, 2013 at 11:44 AM
You could tell him that you are giving him a deadline date for his finishing the work and that if he does not get it done by then you will sue him for return of part of the funds based upon how much it costs for another contractor to finish the work. You might be able to complain to the contractor's licensing bureau or they might be able to tell you where to go.
Answered on Aug 23rd, 2013 at 9:01 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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May not be much you can do he is required by law to do "substantial" job, not perfection as you may want. And if you have paid for 90 and he has done 75 you may not get any more attention. You can sue him in small claims court but you will have to have an expert contractor testify that the work was not properly done may not be worth the trouble
Answered on Aug 22nd, 2013 at 3:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could hire a new contractor to finish, then sue the old contractor for the amount you overpaid and the cost of finishing. Chances are he doesn't have the money to pay, but it might give you some personal satisfiacton.
Answered on Aug 22nd, 2013 at 11:20 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Give him a demand letter. Have someone hand it to him personally (that might be faster than certified mail). In that letter, state the dates on which work was supposed to have been done and the dates on which he said he would continue the work, but failed to do so. Then, in that same letter, give him a deadline to resume work (say 3 business days) and state that if he does not resume work within that time, he will be in default and you will hire somone else to finish the job and take him to court to have him pay the difference. Stop doing any of this work yourself, you will void the warrantee.
Answered on Aug 22nd, 2013 at 10:37 AM