You should be able to fire your contractor - read your contract to see how it allows either party to end the contract before the job is completed.
Some things you should consider:
- what steps have you taken to try to resolve the problems up to this point? Copies of communication with the contractor to discuss problems (written letters or notes, or your own notes with day & time of discussion with contractor). What was contractor's response? Documentation/photos of problems with the workmanship, failure to keep on schedule, quality of materials, etc.
- you may need to get an independent assessment of the problems you have experienced to back up your claim of the contractor's failure to perform
- you may be liable for materials the contractor has either bought or ordered for your job. Get copies of invoices.
- if the contractor hired subcontractors, you may be liable for some or all of their wages. You want a proper accounting of the hours worked and paid.
How much money have you paid to date? Have you exhausted all attempts to resolve the problems? What has been the contractor's response to your complaints?
How much money is the total job? If this is a sizeable amount, you may need to get a lawyer's advice.
You probably want to tell the contractor that you don't want him/her on the jobsite until this gets resolved. Ask him to provide a detailed listing of all work performed to date, materials purchased and delivered to date, all hours worked by all subcontractors to date, and any non-cancellable purchases that he has made for your job.
Good luck. I hope the amount of money you are liable for is small and you can find another efficient and capable contractor.
2006-08-07 20:17:13
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answer #1
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answered by Tom-SJ 6
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Depending on your state your contractor will be regulated by a variety of entities. In California for example it is the CSLB or Contractors state license board. These boards are set up to regulate contractors and to make sure that they are not damaging the public. They are not in the business of protecting a contractor, pretty much just the consumer. Having said all that, there are certain requirements that contractors must fulfill in order to
a) Contract legally.
b) Have a contract be considered valid and enforceable. This is a pretty tough mark for most contractors to hit so depending on the contract provided it might not be valid at all, thus allowing you not to have to pay.
The other consideration is if the person is even a contractor at all. It is generally considered in contract law that all agreements over $500.00 have to be in writing.
If a contractor performs work that is not timely or is not in a workmanship like manner they can also have their license suspended and actually face criminal charges depending on the level of fault.
I would start out with your states licensing board and as another method to remedy your situation you can also file a claim on the bond if you are damaged or job is abandoned. That is the primary reason for the contractors bond.
Also you need to keep track of any preliminary lien notices you received from subcontractors or material suppliers. Make sure that they are paid prior to payments to your prime contractor. You can make out checks to them payable to your prime contractor and them thus ensuring two signatures on the check. Good luck. See the website below for further help.
2006-08-08 02:47:13
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answer #2
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answered by Anonymous
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A contractor, by definition, is not an employee. Unlike contractors, employees can be fired. You signed a contract that agreed to his providing a complete package of goods and services over a period of time for the stated amount your paying him. If you break the contract, you'll be legally liable and subject to a lawsuit. So you need to try to arbitrate the problems with your contractor unless he has clearly defaulted on the contract or is clearly negligent in completing the contract.
2006-08-07 23:50:49
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answer #3
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answered by bobweb 7
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Can I Fire My Contractor
2017-01-20 03:55:32
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answer #4
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answered by ? 4
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Sure don't see why you couldn't do that.
2006-08-07 19:16:42
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answer #5
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answered by jennifersuem 7
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