How do I fire my contractor?

10 years ago

I am midway through a bathroom remodel and have paid for all work as it was completed. But the contractor's work thus far raised several red flags and his explanations and dismissals only made me more uneasy. So I paid a structural engineer to review the work remaining and to specify what needed to be done to insure it will meet code before proceeding with the next phase (drain installation, hot mopping, tiling.) I sent the report to the contractor with a request to meet with the person who would be doing the work to be sure he understood. Unfortunately, the plumber he brought refused to read the engineer's drawings or notes, insisting I explain them all to him and saying it didn't make sense.
I persisted until he said he understood, but still didn't want to do it this way because it was "unnecessary."
So, today I told my contractor I did not want to proceed as I have lost confidence in his work. I have downloaded an Unconditional Waiver from the CSLB, but now the contractor refuses to "waste anymore time" speaking to me in person and is threatening me with legal action unless I pay him an additional $6000 to walk away. He says he hasn't paid all his guys yet for work done more than two weeks ago, even though I have paid him every installment due to date.
I have remained cordial throughout, but need to terminate this relationship. Suggestions?

Featured Answer

PRO

By Any Design Ltd.

10 years ago

Wow - what a pickle.

This is why I have been getting so many calls from people to help them plan their bathrooms from the start.

You need to make sure your bathroom contractor follows the TCNA or TTMAC guidelines. If at the beginning this is made clear and the verbiage like something like this

"All work shall conform to the current specification guidelines of the TCNA (USA) TTMAC (Canada) including waterproofing and pre-slope measures" you have a standard in place that exceeds local building codes.

No one should be modifying the framing of your house without an structural engineer.

Good for you for double checking.

I help people every week with this planning. You can enlist my services in baby steps. 20 minute calls if you like.

Sort by:Oldest

Comments (16)

hayleydaniels
10 years ago
Consult an attorney.
2helphrey
Original Author
10 years ago
Thanks. Can you say what your reasons are? Have you had a similar experience?
Related Discussions
I extended my sitting room and now the original sitting room is lost!
Q
Comments (2)
A floor plan would be helpful with furniture placement ideas.
...See More
How do I bring blue Colour into
Q
Comments (1)
Depends on where the gold is and in what quantity. If all of your fabrics (bed linens, etc) are gold, maybe change them out to white or white and blue. If you have gold walls and curtains, time to replace? If you dont want to replace, consider a white and blue wallpaper on one wall (thinking of one of the large newer damasks out there, or ikat, perhaps) Throw blue toss pillows on the bed, perhaps a blue throw or area rug. Sometimes just an accent chair in a surprising fabric can bring a new color into the room. Pick that color up in small ways- vase of faux flowers, frames on pictures, I think the addition of white to any color scheme brightens and cuts through any color that seems overly dominant in a room. Good luck!
...See More
How to improve my guest bedroom?
Q
Comments (6)
Hi, it's a lovely room and you only need to make a few minor tweaks. The two accent pillows in brown in front of the bed pillows need to be removed. They are too large and shapeless. Remove the brown throw. Your bed linen is lovely next to the grey wallpaper. If you'd like accent cushions, I would go smaller, tailored and something with an a print in grey and white or a colour that pops. The grey objects on the side tables are lights? I would replace these with a silver base and white shade. Remove the objects from the window. You could add a mirror either over each side light or a rectangular version over the bed. Here's my room with a similar colour scheme. Have fun with your decorating!
...See More
contractors and architect
Q
Comments (0)
Hi all, I currently have an architects plan for a new rear extension. The architect has put it to tender with two builders. The first figure came in at €80,000. This outlined every single cost in a detailed report. Unfortunately it’s way above the budget i specified to the architect (€60,000). The second builder has come back with €60,000. I asked the architect for a price breakdown as before but his response was: “The contractor has agreed to do the revised works as per my tender drawings. He maintains that this is still very tight from his perspective. The figure therefore is a lump sum to cover all works.” My concern is that a) The job will go over budget b) the job won’t be completed to good quality. My question is how can I be guaranteed any of the above? I asked for a reference but I feel like the architect might just want this project closed and finished as we started discussions about this last year. Any advice or opinion is much appreciated.
...See More
hayleydaniels
10 years ago
last modified: 10 years ago
No, but if he expects you to pay an additional $6,000 to walk away from the job, you need to have an attorney help you negotiate your way through this. Did you sign a contract, and if so, does it have such a clause?

The other thing about having an attorney is that is levels the playing field. Not to get off topic, but our neighbor was injuried on the job and had to take some time off, and was being harrassed about it by his boss. Once he got an attorney, his boss' attitude towards him changed completely because he knew that if he abused our neighbor, the attorney might bring a lawsuit against him. Same here.

Don't let this guy guilt you out about his not having paid his subcontractors either. He's the middleman between you and them, and it's his responsiblity to pay them, not yours. If your checks have been cashed [check and make sure they have when you see an attorney], you've done your part.

Be sure and look for a real estate attorney who knows the ins and outs of this sort of thing. Good luck.
S. Thomas Kutch
10 years ago
I'm surely hoping that your contract has specific provisions in it that define the process of terminating services for cause......along with that, I'm also hoping that you have Release of Lien forms signed by the sub-contractors for payments received to date. These would have been the processed through the GC in return for payments. This process too should have been called out in the contract. This is why I recommend AIA forms for contracting or something based on the Standard AIA Contracting form.

At the least every owner should have A-201 (General Conditions for Construction), A-401( Standard Contractor and Sub Contractor Agreement) and A102 (Standard Form of Agreement Between Owner and Contractor) .......... unfortunately, most owners will contract work based on little more than a one or two page agreement from the contractor, not knowing that they are in essence living themselves wide open to problems such as this.

You don't need a Real Estate Attorney........you need a Lawyer specializing in Construction Law.
PRO
Ironwood Builders
10 years ago
STK is bang on as usual. Given that you are working with CSLB documents, I assume you are in California? Your contractor must be listed with the CSLB and carries a bond. If not, there are larger problems. CSLB can help either way. The money your contractor is asking for is not large enough to warrant legal action but a review of the contract by an attorney will give you a sure footing in making your response...and if that response is in the form of a letter from that attorney, so much the better. Of course, the letter and review time will cost...but getting away from that snake is necessary. If any further checks are written, please make sure that you make them out to all the people he owes money to, not just him. Double signed checks are within your rights.
2helphrey
Original Author
10 years ago
Thanks so very much to you all, but especially STK and IB for information specific and relevant to my situation. I wasn't sure who to look to for legal help. Now I'm going to find a Construction Law specialist, get my hands on the A-forms (102, 201, 401) for reference and future use, and gather the copies of all the checks (which he has cashed.) I hope your answers help others in the community who, perhaps, won't have to learn this information the way I'm learning it: The Hard Way!
I am a bigger fan of Houzz now than ever! And I will post a progress report, promise.
bubbasgma
10 years ago
2helphrey..Thanks for posting your dilemma! Appreciate the "learning opportunity".
PRO
Cancork Floor Inc.
10 years ago
I would also like to say, "Good for you!" for bringing in an expert. A decent lawyer can be brought in for advice for $300 ...and that will normally pay for the first phone call/letter you require of him/her.

Ironwood Builder is right on the money (as usual). The little bit of legal costs could possibly save you the $6000 "walk away" fee the contractor wants.
2helphrey
Original Author
10 years ago
Just wanted to say, 'thanks,' for the encouragement. I did get a lawyer and the good counsel has brought me real peace of mind. BTW: I found her by asking for a referral from a trusted acquaintance. Well worth the cost!
PRO
Melanie Rebane Photography
9 years ago
@2helphrey curious what was the approach porposed from counsel? I am in a similar situation. Looking into legal support.
PRO
Sumrylemmenes@gmail.com
7 years ago
I'm 4 weeks in and 75% through my main floor Reno and the contractor who assured me his "team" could complete the job in 2 weeks has sent 1 guy daily and a few subs 4 of those days. The work isn't done, his 1 guy is fatigued and all I get is "tomorrow it will be done". Not to mention the shotty work and snails pace. I'm furious and don't believe he has any intention of finishing in a timely manner. What Dobi do?
PRO
Melanie Rebane Photography
7 years ago
Fire him immediately and document everything clearly. Sounds like he is also not organized in his business and likely would not have paid his guys anyway. Don't be afraid of legal action. You are in the right here. This is your investment . Breach of confidence and not fulfilling the contract. Have a restraining order if necessary for him not to come on sight again. Don't be afraid to stand up for yourself. Or second guess -
Cindy Morris
7 years ago
Hi, I hope there are people who can help me. I had an almost total loss fire. Just the frame remained. I hired a contractor highly recommended from a good friend and it has been more than a nightmare. I did all the checking BBB, Angies list and Yelp. No compaints. The fire occurred on August 5, 2016. Here it is March 18, and he has the roof, framing and electricity done. I wanted vaulted ceilings but that was agreed to verbally so I can't claim that. However I wanted a black shingled roof with some red in it that matched my brick. I got all black..told my son black was my only option per my contract, it wasn't. Contract states I may have color of choice. During the roof tear off and testing, asbestos was found. Then mold since house stood wet for a month. OK, remediation finished in mid November. After countless calls to contractor roof finally gets put on December 5. He subcontracted roofers which is not in the contract and he paid them only $5,600. To find out he never got a building permit, I called the village to check up on him. That stopped work for a week, then he failed framing twice, delaying the rebuild even further. I gave him his start up fee of $53,000 for start up work. A few weeks later he came for second draw of $25,000 for roof, a few weeks later another $25,000 which I questioned, but he said my house was a $190,000 project and he didn't want to do that much work without half down. A few weeks later I gave him another 10,000 for the vaulted ceiling change which I never got anyway. The house stood all of January with nothing worked on at all. I called him and always got the runaround. He didn't get the permit to the town because his brother got in a fender bender while bringing plans to town. He didn't show up for work because his whole family got the flu. He will get my plans to me while never having plans. I still don't have them. He dodges questions when I ask to see my money in his account. He uses a fake storefront for his address so even if I wanted to write a certified letter, I don't know where he lives. When I picked out my cabinets, the consultant told me they would be 15% off until the end of February. I told him and kitchen guy told him. Only to find out he charged his down payment for them and his credit card was declined. I had to go over and give my personal check so I could get the deal. He eventually went and paid it a few days later. He post dated a check for my HVAC supplies and when the guy didn't show up, I called him and he said he can't do it until check clears bank. Two day delay. His workers stole my wrought iron railing on my porch which he admits so he has to replace that. They kicked in my old 1970's sun porch and window broke all over floor. I don't think they can fix this as the windows are older and only held in place with the aluminum surround. He admits responsibility and said he will look at them. Been a week and he hasn't. When my son calls to bitch him out, he blamed us for bothering the town inspector so much he is holding up my permits. Called inspector today and he said he never applied for garage conversion permit. His worker are using my retaining wall bricks as door openers, that's nervy. They also broke most of my Japanese Maple tree and out door decorations. I made him sign an agreement that he would have me in my house by March 31. I believe that will happen, just don't know the year. Husband and I have to be out of this rental by April 30. Insurance will pay no more rent and I can't afford both right now. I went to a lawyer but received a letter they couldn't represent me due to a conflict of interest. His wife just happens to be a lawyer. No help legally I guess. We scheduled 2 meetings to talk about how to go forward. He cancelled both of them. Also just found out one of his workers applied to another construction company because this guy isn't meeting payroll. He is also doing garage conversion with no contract. I keep asking him how much this is going to cost and again never get an answer. I told him to hold off on my conversion, just make main part livable. He didn't do that and now told my son the reason for the delay is because I wanted a conversion. In my son's last texting him back and forth, he said this is our fault for second guessing him. Son told him we have to second guess him because he lies. last but not least, my husband is a Vietnam Vet diagnosed with Parkinsons disease from agent orange. Some of the money I gave him was his VA money, Afraid if I report it's gone, the VA process will take long and I'm desperate to go home. My three cats are living elsewhere and I miss them so much. I sent him email at 5pm asking him what his intentions were towards my house. I gave him a time Saturday at two to get back to me or I will end working with him. Then what, I will be out of my house even longer to find another contractor and start over again. To end things now, what do I do? I am at my wits end, cry all the time, my husband gets upset and he can't walk, he fell three times today. Do I have enough on him for breach of contract, do I file a report with police, do I go downtown and pull his license.

Who will help me legally, his wife is a lawyer and they could stay in court for years but the money I use to pay them could be my content money I have to front for a new contractor. I may get in the house eventually, but paying for a lawyer and spending thousands is money I could use toward my contents. I need serious help here.
Lisa Trachtenberg
6 years ago
Just reading this. How did this work out? I swear I would call the news, local paper and take out an ad. Post of FB posts not to use him etc.
Dan
3 years ago
2helphrey - can you refer me to your lawyer? I’m having trouble with my GC in a new build and want to make sure I have dotted my i’s and crossed my t’s to get rid of that guy.

How do I fire my contractor?

By Any Design Ltd.

Comments (16)

hayleydaniels

2helphrey
Original Author

Related Discussions

hayleydaniels

S. Thomas Kutch

Ironwood Builders

2helphrey
Original Author

bubbasgma

Cancork Floor Inc.

2helphrey
Original Author

Melanie Rebane Photography

Sumrylemmenes@gmail.com

Melanie Rebane Photography

Cindy Morris

Lisa Trachtenberg

Dan

COMPANY

EXPLORE HOUZZ

CONNECT WITH US

How do I fire my contractor?

Comments (16)

2helphreyOriginal Author

Related Discussions

2helphreyOriginal Author

2helphreyOriginal Author

COMPANY

EXPLORE HOUZZ

CONNECT WITH US

2helphrey
Original Author

2helphrey
Original Author

2helphrey
Original Author