How do I deal with my contractor?

Question

My contractor was supposed to start work on our house first week of June (stone patio, painting the inside of the house, some electric work and tile work). He didn't show up that week and we called him the very first day to inquire about it. Well, he says "oh sorry, i hurt my hand 4 WEEKS AGO, and so i'm running two weeks behind." He didn't bother to call us after his injury which I thought was very unprofessional.

He's been very lazy about staying in touch with us about the projects and tries to weasel his way out of some work days. I do not feel that we should pay him the full amount per our contract. He is 4 weeks behind on his project (per our contract) and we are truly annoyed. We have patio stone sitting on our driveway for almost 6 weeks...its ridiculous.

How do I tell him (at the end) that we are not paying him the full amount? Is it legal? I think it should be since he didn't fulfill his part of the contract time-wise.

He was initially 2 weeks late (after his injury to his hand...which I looked at and was minor...plus, its not like he does all the work by himself). Then he got behind 2 more weeks.

I can sue him right back. Our contract says that he should be done latest by July 3.

Answer 1

If the contract between you didn't stipulate that there would be a discount in the price for each day that he went over the deadline, then you should pay the full price. If the job hasn't started then you still have the option to cancel (in writing) and demand that he come get his material out of your yard.

If you don't pay him everything, what will happen is that he will not pay his helpers that worked on your job. Also, he might not pay the material supplier that delivered the material and they may attache a lien on your property.
Most construction labor work is done on a per square foot basis and the laborers don't get paid if the contractor doesn't get paid. His hungry guys might show up on your front lawn one Sunday afternoon if you don't pay him everything.

Answer 2

Okay even if the estimated completion date was missed unless you also have penalties for being later you cannot legally hold back any money. Should he complete the job and you refuse to pay chances are he will not sue his better option would be to put a contractors lien against your house which is far worse should you decide to sell and may even effect you credit rating. That being said you should pay him for the work and materials that he has completed and part ways. The last option would be to have the work completed by another contractor then deduct that amount from the original contract. Keep in mind that you cannot overpay another contractor to avoid paying the first one for the work already completed.

Answer 3

this is just how almost not all but almost all contractors are. doesnt matter why, it just is. almost (not all) all contractors get wind very quickly of people they think are "problems" and they have their own way of dealing with them. mostly, they just work until they have caught up with the amount of money you have paid them, one third, one fourth, whatever, then, they disappear. and voila! you have patio stone on your driveway wishing everyone merry christmas. if you have a contract with a penalty clause saying he is penalized a certain dollar amount from his original estimate for each day the job is not done after july 3, you have the right to withhold that amount. but, uh, it is already well past that date and it sounds like there is no real end in sight. so, you can get rid of him now. but be warned, no contractor wants to finish someone else's job and the price will !! go up. and you will have shown yourself to the world of contractors as a problem child. or, you can resign yourself to the fact that this is a joint project and that the contractor has the power here. your job is to be agreeable to his little annoyances and do everything in your power to be the kind of happy person he enjoys coming home to, if you get what i am saying. if you have a contract that says he is $ penalized and say he finishes in sept, you can settle up then and all will be well, but i doubt he will let time go by without being paid something. almost every contractor i have ever known feels it is his god given right to work a couple days and then play a couple days, that is why they are in biz for themselves, they are not 5 day, 9 to 5 guys. that is why jobs stretch out. my advice is to go with the flow, the rule is it takes much longer and costs much more than you thought. when it is done, you will be happy and it wont have seemed so bad. if you groan, you may have a missing contractor. so kiss up!

Answer 4

Cut your losses and cut him now. Ask the BBB about him to see if there are any other complaints about him and report it.

Make sure if you have a contract to go by that.
Get another notable contractor to give you and estimate to see how much everything should run for what he has already done.
Did he get all materials? Do you pay up front or 1/2 down and the rest when finished? Did he give you a time limit to finish job? Be sure you can answer the questions before you say anything to him. Keep all papers, dates, pictures, and documentation in case you have to go to litagation.
Offer a firm and fair settelment to him and tell him to scedaddle or you will see him in court if he is persistant.

Answer 5

Sorry to tell you, but this is common. EVEN for the good contractors. You may have a major problem if you hold his money. He may even sue you. You had better check your contract first.
1. I had cabinets done - they said 4 weeks, it was 2 months
2. I had tile done - never did finish. My husband fixed the hole in the wall.

My husband worked for a contractor 10 years ago.
My brother is a contractor.
Our best friend is a contractor.

The only option that you do have is to tell him NOW that you give him until ........ to complete the work or you will hold his money. You put that in writing and send him a certified copy.

Answer 6

Write down your complaints, a statement of request for his initialing a work log, notarize it and give him a copy. Keep a log of his work time, the delays and reasons for delays whether he initializes or not. You may be able to get a neighbor to witness later if needed.

I don't believe that you can legally withhold moneys because of delays if the job is completed. You should have addressed the issue before the project got underway and hired someone else. It's hard to find someone who will come behind another contractor to finish a job. Since you let him start the job and he's not honoring the written agreement, I would take my notarized statement and work log to a lawyer. You may be able to file a dishonor of contract claim.

Answer 7

You always have the option to fire him and hire someone else. Pay him for what he has done and nothing more. It is your right. He is after all working for you. Always remember that when you hire you are the person paying for the work so you call the shots, not the person working for you. If they don't live up to your qualifications, they are gone. There are plenty of companies out there looking to take the business. Take charge and get rid of anyone who doesn't do the job.

Answer 8

you might be in trouble just holding back money if you have a family attorney I would run your problem by him first before holding any money it's far better for you to take legal action in stead of the contractor taking legal action against you. did he have a surety bond

Answer 9

What does it say on the contract. Is there a stipulation on the time period? I think not.
Go ahead, Try not paying the full amount, you are gonna see Judge Judy.