My contractor isn't answering my calls & he hasn't worked on our house in over 2 weeks. What are my rights?

Question

We are having an addition put on the back of our house (720 sq. ft). Our contractor said he underbid the job and he is having to take about $20,000 out of his pocket to finish the job. We have a written contract that states the total amount and estimated time for completion. I have called him and left messages, but he hasn't called me back. I am half tempted to go to his home and see what is going on. I am very angry and confused. He has enough money to cover the whole project...all we have to pay is his profit when the job is complete. What are my rights? What should I do? There are only 35 more days left until the estimated time is up for the job. Should I get an attorney? We have a covered structure with 2 x 4's and wall partitions, and tyvek plastic on the outside. We are waiting on shingling the roof, electrical, insulation and drywall, cabinets, flooring. I am so lost. Somebody please help!!!!

Answer 1

I didn't read all your answers- but I'm a long time builder who has also been an expert witness assisting with a number of these.

1- Get a lawyer. Have him check the validity of your contract. Have him notify the builder by certified mail that he must resume construction according to contract within a specified number of days, like 48 hours or so from receipt of notice.

2- Call the building inspection authority in your area. Verify the license status of the builder, and tell them of the conditions. They may be willing to tell you more than just if the license is valid. You also want to know about his insurance. Many authorities make insurance a condition of licensing, you need to know what he has. .

3- Contact ALL the suppliers your contractor has used. Subs like plumbers, electricians- material sources like the lumber yards. FIND OUT if he has paid the bills. IF NOT- you are in line for labor and material liens, and may owe all of them. Call every one, explain the condition. You are authorized to know this information, as you are ultimately responsible for the expenses. Tell your lawyer what the results are- immediatly.

4- DON'T move in, or place anything in the addition. This can be argued as "accepting" it. Leave it just as is, other than protecting against the elements or damage. You may need to have the roof tarped over. to avoid damage to framing.

5- Find a good local expert to provide you an appraisal and statement of the work and leverl of completion. I mean either a well established licensed contractor with a good reputation, or- an architect. DOCUMENT the status of things, preferably by video with notes.

6- If the contractor does not respond to the notice to finish the job, you will probably have to go to litigation. The lawyer takes over.

7- Apparently the contractor has most of the money? If so, you have lost your best leverage. If there is any way you can stop payment on any of it- do it.

8- See if you can come up with any information about the finances of this contractor; if he has any assets of consequence. This is your next leverage.

Comments-
This is not a professional contractor. Obvious because he seriously underbid, which means he does not know his own business. The fact that he underbid is totally his own fault; had he been competent he wouldn't even have mentioned it. He would take the loss and finish the job to preserve his integrity- and learn from it. His telling you about his incompetent error is like an advance notice that he thinks you already have your moneys worth, which tells you what his word is worth.

Chances are good that he has not paid all his bills, and are equally good that much of the work he has done is not up to code.

If he doesn't respond promptly and resume work promptly in good faith- chances are poor on him finishing at all.

Don't delay- take charge, move now.
If you need other help, you can contact me through yahoo mail.

Answer 2

Contractor's tend to live in their own world when it comes to schedules (no offense to contractors out there). They work where they feel they need to work and ignore the otherwise and have a ton of excuses available as to why he has not shown up to do the work.
The unfortunate part is where you come in as a client. You do have rights, but unless you have a specific task by task timeline, he has the 35 days to complete. If you don't have penalties beyond the 35 days, then you are a bit more stuck. Attorneys will only muck the problem and you probably have an arbitration clause in your contract (read it carefully). Going through all that will be a large waste of time and money on your part and the contractor will either not work on your house or he will get working when the arbitration date comes close. Also, you don't want a mad contractor working on your house.
Basically, what it comes down to is you need to keep steady and not to stress out. Without losing your top, you need to be the squeaky wheel and bug him. I know you have already, but you need to just keep at it. Start legal action only when you are ready to break the contract to fire the contractor and find another contractor to finish the work. Believe me, this is a large step and only do it if the situation really gets out of control.
Like it or not, you will most likely have to live with construction delays. I am not saying that it is fair to you, but it may be the best way to finish your project. The next time you speak with your contractor, ask him if, with the remaining time in the contract, he will finish on time. Ask him about specific completion dates for the items remaining. See what he says and take it from there. Good luck.

Answer 3

On his side, that's very bad business. His customer service attitude is obviously sub-par. Unfortunately there are a lot of those contractors out there. As a manager of my family's construction business, I hear about it all the time from prospective customers. But, if you have a contracted completion date that far out, he still has time to complete the project for you within the bounds of that agreement. Thus, he is not in violation. Yet. Unless you have a schedule which details each phase of construction.

If, by his actions he has violated any part of your contract, then you have an issue and there are multiple things that you can do. Most things are governed by your city/state law.

How much did you give as a down payment? Have you paid him additional funds beyond that for work completed?

I don't know where you live, but here in MN, we are required to give a 'Mechanics Lien' notice to customers which allows them to withhold amounts due to us which is payable to any subcontractors or suppliers who supplied services or material for that project and it allows homeowners to pay those people directly. Something to think about.

Check with your local building inspector and ask questions. They can generally point you in the right direction.

If you have paid for services which you are not happy with or have overpaid your contractor and cannot get him to come back, try contacting your local Better Business Bureau. They can log a complaint for you and contact the contractor to try to help resolve the issue. They can't 'make' him do anything, but as a contractor, it is in his best interest to stay in good graces with the BBB and it may light a fire under his a@#.

Those are a few things to start with, if it gets any worse, you can always try your chamber of commerce as well. Good luck and I hope that helps a little:)

Regards,

J.

Answer 4

First read carefully what your contract states. Secondly, who is to supply the materials.? Can he get the materials? Is the roof wet? Perhaps it needs to dry first. Only 35 days 4 weeks, hmm alot can be done in that time if he is organized. A house can be put up and finished in 6 weeks.
He is committed by contract. So, hopefully you havn't paid him in full. $20,ooo out of his pocket is a big miss estimation wise on his part. Too bad so sad. He could be trying to get you in the desperate mode so to get more money. Don't know. You could put a lein on his business and he would be in a "bind" but it is better if you don't go that route and communicate with him and see what's up.

Get some legal advice. Safest bet.

Answer 5

Have an attorney review the agreement that you have with the contractor and see what your options are. If you don't have an attorney you trust (which is sometimes hard to find) do some research and find one that has specific experience in this area or you might have the same trouble with the attorney.

Answer 6

just relax for a bit longer, do you really know that he has enough to finish the project? do you know how much it really costs? I'd say your jumping the gun to early, perhaps he's at another project trying to make enough money to finish your job. Yes it's his fault he underbid, but at least he's not changing the price, have you made changes to the original design or quote? just keep harassing him for an answer, I wouldn't waste your money on a lawyer yet. Read your contract closely any changes you have made to cabinet styles, flooring, etc can change the price drastically.

Answer 7

Other than perhaps sending him a registered letter advising him of his legal responsibility to complete the job in 35 days and advising him you will sue if the contract terms are breeched, there isn't much else you can do at this point.

Answer 8

Get a lawyer, quick! Have the lawyer contact the contractor by phone or by mail. The contractor is trying to screw you, and will do so if he thinks he can get away with it. I'm so sorry for you that that's happening! Good help sure is hard to find.....

Answer 9

give your lawyer a call he may beable to give you a point to start, you may have to wait untill the 35 days are up so the contractor violates his part of the agreement.

Answer 10

Report this to the cops,because I think you got scammed.If you already gave him the money and he's not back,then it may have been a scam.The more money and info about you,the bigger the scam.If you gave him your credit card number,and most of your identity,then he may use it to make him rich,and make you poor,or even broke.So report this.