recent tile work in my home?

Question

I recently had tile work done in my home and was told the work would be completed by a certain day which it wasn't, was told that the workers would arrive to do the work at certain times and they wouldn't show up til 6 hours later and then stay until 11 and 12 at night. the work that was "done" was poor and sub-standard to say the least, we have made several complaints to the owner and he is demanding final payment when they haven't even finished the job!! They didn't install caulk around showers, tub or the sink where they laid the tile and never installed the baseboard mold when "they've completed" the job. Our commode still won't work, we called and our phone calls aren't answered, then all of a sudden a week later the contractor calls and asks if the commode has been repaired and we reply no. He says to take $60 off the remaining balance!!! what is our legal rights in paying this contractor and/or allowing him/his workers to "fix" the problem(s). We don't trust their work and have been cursed out by the contractor, please help..any lawyers out there?

Answer 1

Do not give them any more money until the job is done

Answer 2

This is why contractors get a bad reputation. Most of us, want to do the job right and be paid fairly. Did you get a contract first? You should have. Sorry, but true, I'm sure you know now. Yeah, don't pay them a cent until you are satisfied. Document everything that is wrong with pictures and a written letter with a responsible time to respond. Sent it certified mail. The fortunate thing for you is the courts will tend to lean your way rather than the contractors. This is your leverage, because the contractor knows it. The unfortunate thing is if the balance is small, then it may not be worth anyone's time to contest it. Is it worth your time to go to court over a couple hundred bucks? That's a call you have to make. Another thing is he licensed. If he isn't the courts will definitely side with you.
The best things to do is give him the documented complaints wait a bit, and if it isn’t worth your time in court, chalk it up to experience, bite the bullet and have someone fix it. As a contractor though, I'd be leery of following some else's work, especially tile. Then sent him the bill. You should be able to get the amount of the second contractor’s bill minus the balance of the first contractor's bill. From now on don't pay over the amount of work done. If they request a deposit for $2000 or $3000 job, that is reasonable. But if it's below that then tell them you need to look somewhere else. If they are reputable they can cash flow that, especially if they have a contract. If they request a 50% draw, the work needs to be well over 50% done. And tile work, I don't charge anything until it’s done.
Yeah, report them to BBB and check their license at the building department.

If you need an opinion e-mail me with some photos and I'll definitely get back to you. It sounds like these guys did a number on you. And that gets me, because they give honest contractors a bad name.

Answer 3

I am not an attorney. However, I do know if the contractor has the ability to put a lien on your home for unpaid balances for work done, which I believe he does, then you should pay him 'in protest.'

Write a cover letter along with your payment and send it certified mail. You may want to have the letter notarized. The letter should request a refund for all amounts you paid that you feel you are owed as a result of their negligence and poor or incomplete work. This letter should state the facts only (Do not get emotional) regarding why, in your opinion you are entitled to a refund. Keep it very simple and direct. A, B, C.

Give the Contractor time to respond, 30 days. If you receive no response, hire an attorney and take him to court and sue him. Make sure you take photos and keep copies and proof of payment for every expense, including expenses you may incur to repair the damage they have done. Like, fixing the commode. Get a statement from the repair person as to the reason why the commode had to be repaired.

Good Luck!

Answer 4

Make a complaint to the BBB and to your local treasurers office where your contractor got his license. Make sure he is a licensed contractor with the Contractors board as well and make sure he has LLC insurance. Unfortunately if you don't pay, he will Lien your house. You best bet is to fire him and rehire another to finish and send the other contractor the bill. When he sends it back, take it to small claims court. Check to see if you have a written agreement as well with a warranty or guarantee. The you may have him by the sack. Good luck!!

Answer 5

Did you sign a contract with them for the work? If you did, you need to read and follow any wording on notification of inferior work, or any such language. You should also notify them of all your problems in writing and give them a set but reasonable number of days to correct. Inform them that if they don't fix the problems in the agreed upon time frame, you will contract out the repairs and deduct the costs from their final billing. You probably won't be able to get any money back on the work you've already paid for, but you might not have to pay them any more money.

Answer 6

Contact The Better Busness Bureau and make a report. You will also be able to find out if they have another bad reports. May be able to file a lawsuit action. Next time ask for LOTS of references.

Answer 7

don't pay him one more dime get pictures of the job they did and take him to court you pay good money for the work and you should get it done right also call another contractor and get estimate on how much it will cost to have it repaired and take that to court

Answer 8

I would DEFINATLY contact the better business bureau and report this Jack@#$ and believe me he would NEVER see another dime from me until everything was done to MY approval! try threatening him, tell him you have a lawyer...sometimes that works!

Answer 9

contact trading standards and explain to them they will help