We had a contractor working for us and has done a horrible job and we fired him. How can I get my money back?

Question

Everything he did was shabby, I spent over two thousand dollars for Italian tile for bathroom and it all has to be torn down, beause of shabby workman ship. He put cement board on top of drywall, made me run around a buy equipment for him, shower pan cement leans toward wall, tiles ruined, cement board on top of drywall on the one wall, then tile on top of that -it's too thick. That all has to be torn down. Siding all wavy on outside, I can't get two windows open, because they are too tight, electrician never came back to finish his job. We need some help and advice on what to do. Thanks, DeeAnn

Answer 1

Your chances of getting your money back are dependent on a lot of different things.

What kind of contract do you have with him?

Is he bonded?

Your chances are better if you have a well written contract, and he is bonded.

Answer 2

Perhaps I'm just in the mood to play "Devil's Advocate" today, but reading your question I'm not sure this is as bad as you think it is. Before you do anything, take a deep breath and think about this a bit.

First, the tile:

'He put cement board on top of drywall' -- not necessarily a problem. Depending upon the type of cement board, this may actually be the preferred method. In any case, there is not anything wrong about putting the cement board over drywall. Switch boxes and fixtures do need to be extended to the surface, but there are pieces made just for that purpose.

'shower pan cement leans toward wall' -- again, may not be a problem, depending upon the type of shower. Many shower bases are to be set in a bed of mortar and slight imperfections are easily corrected. In any case, you do not want it sloped away from the wall as it may cause water to run out of the shower. Either way, I suspect this will not be a problem once the base is properly installed.

Those are the only two issues I see relating to the tile. Neither warrants removing the tile and starting over.

'Siding all wavy on outside' -- this one may or may not be an installation issue. If this is an older house and the wall is a bit wavy to start with, you can't expect vinyl to clean it up. It is difficult (with one exception) to make vinyl wave on a flat wall. There are some things that can be done to minimize the appearance of existing problems, but you can't expect a miracle. The one no-no with siding that can cause a wavy appearance is to nail it too tight. The siding panels should slide back and forth a bit with little effort. If they will not move, there is an issue there.

'I can't get two windows open, because they are too tight' -- this is easily corrected. If the interior trim is not on the windows, could be an easy fix. Perhaps the contractor is just not finished making adjustments to the fit in the hole. In any case, this should not be real difficult to fix.

'made me run around a buy equipment for him' -- Two possibilities here. This is a common cure for "hovering homeowner syndrome". If an owner is spending too much time, or perhaps a bit too close to the work area (hovering), some contractors will find excuses to send you away for a bit. It is a nice way of saying "get out of my way and let me do my job". Sometimes it is a matter of making the job go a bit faster, which is to your benefit if you are paying by the hour. At the very least, it is a nice thing to do. If you did it without raising any questions, you were being nice but you do not have any grounds for compensation.

'electrician never came back to finish his job' -- subcontractors like to get paid. They also like to feel like they will get paid in full when they are done. If you have withheld payment or if you have been making similar complaints around the job, you may have a hard time getting the electrician back, at least until the issues are resolved.

Yikes this is turning into a book. Just about done.

What to do. Think about all of the above. I don't think there is much to do about the tile unless you have some other complaint that you did not indicate in your original. If you are uncertain about the siding, call the manufacturer for advice. They may have someone in your area that can come have a look and verify the status of the installation. My guess would be that the windows can be corrected. I would also guess that the electrician may come back once the other issues are resolved.

You are no where near the point of taking action with the contractor at this point. You need to put your complaints in writing. Be very clear about your expectations. It helps to put each issue in a separate section, one section about the tile and list all of the things that you think are not right. Another for the siding, etc. Keep in mind that you can not require more now than was in the original agreement. For example, if the exterior wall needs some correction beyond a standard siding installation, you can't ask for that at this point if you did not specify that on the front end. Be prepared to accept that some of your issues may not really be issues and others may be easily corrected. If you do contact the siding manufacturer or others for an opinion, include their recommendations or statements.

If you are able to come to terms with this contractor, give him some room. I know it is hard, but too much supervision can really cause problems. There is a nice middle ground -- check on things from time to time but try not to hover.

If you are not able to come to terms, you will have a difficult time getting compensated for this. The BBB never hurts, but do give the contractor a chance to resolve before you call them. Your written statement of the problems and the fact that you presented it to the contractor will help your case there. They will not get you any money, but it might make him shape up.

If you are in an area that requires inspections, the window issue should fail. The other items probably would not be an issue for them. If you fail inspection, you are on better grounds to get some compensation.

If all else fails, small claims court would be your next step, assuming you are under their limit for the amount of claim. Even if you are slightly over, you may be better off to settle for the limit and save attorney fees and such. Again, your efforts to resolve the situation will go a long way toward getting compensation.

Answer 3

Take photos!!!! then get 3 different estimates to "fix" everything that this guy did. Ask him to come and undo the shabby workmanship he did and for a refund. You asked for a job well done and done correctly. If he refuses, take him to court. Depending on the amount of $ that it has and will cost to fix your repairs will deem if it will need to be small or large claims court. ($1000 is the change over FYI) If you are not comfortable representing yourself then, hire a lawyer. Retain all of your paperwork! Good luck.

Answer 4

Do you have a written (and signed) contract? If so, take him to court, if not, you could be out of luck. Contact a lawyer.
In any future construction, ask the contractors for proof of qualification (in the form of certificates), references (contact them to check their satisfaction), building, plumbing and electrical permits (another expense, but necessary by law and will guarantee that the work will be inspected) and proof of construction insurance (you don't want to be sued, if one of his workers hurts himself on the job).
This may sound like a time and money consuming process, but think of the time and money you just lost, on the "shabby" job.
Good luck.

Answer 5

Probably have to spend more money on a lawyer. Meanwhile, if he's a local contractor, have a party and invite the news media, and take lots of pictures of his work and let everyone know how he ripped you off. If you don't get your money back, at least maybe he won't get many more jobs. Also turn him into his licensing agency. Sounds like a scumbag.

Answer 6

Wow, what a jerk! Go to The "Better Business Bureau" in your area! Also, contact the contractors "boss" if there is such, You can also find out if the contracter is part of any association ( Carpenter's Union etc) and contact them with complaint.

Answer 7

Take your contract, take pictures of everything with proof of all you have paid him plus the materials and take him to court. Maybe one of the court shows.

Plenty of good pictures of the bad job. Get another contractor(make sure he has referrals) and get a written estimate on what he would charge to correct the damage. You will need visual and written evidence for the Judge.

Answer 8

Have you thought of filing a claim in small claims court? Also it pays to check with the BBB when you hire someone to see if anyone else has ever filed claims against them. I would get all my receipts together and take them to court asap.

Answer 9

unfortunately,you'll probably never get satisfaction,it'll cost more to sue than you'll get,the BBB is incredibly slow and in the long run usually no help,your best bet is to get a contractor someone you know and trust has already used and try to get it redone,i've been building 25 years and see this stuff alot,and the worse news is it'll probably cost more to straighten out bad work than the original job

Answer 10

BBB or take him to Judge Judy,that will get his attention quickly,to be on TV.I hate when people do things like that.Either they are professionals or not....