A contractor really messes up job, you refuse pay, what are his legal options?

Question

I am so unhappy with the quality of the work I received that I have stopped payment on the final check. I told him to keep the down payment and walk away, so I can have someone else tear it up and start the job all over. That is truly how miserable I am with his work. His reply is he wants to see what his legal rights are. What are his legal rights? I did not get the job I contracted for ,all I am left with is a botched up version of what I wanted. He wants to grind off the entire top of the concrete and make it something I don't want. Do I have to accept it and pay him.? Ineed to hire another contractor to rip it up and start from scratch again. I have 150 pictures of messups. What are my chances of getting what I feel I deserve?

Answer 1

It depends on what state you're in. I'm a GC in NC and we have a certain amount of time to file a lien, which is what the contractor would have to collect any unpaid monies. He would have to put a lien on your house and then you would go to court for a hearing. GREAT job on taking pics. Make sure you keep a record of EVERYTHING and get a statement from the contractor you decide to go with next specifying all of the work including the "demolition" of the other contractor. It is extremely important that you use a licensed contractor if necessary (your state determines that depending on the amount of the job). You do not have to accept a poor job and should defend yourself against crooks calling themselves contractors. Good luck and make sure you get at least 3 references any time you hire someone to work on your property. One more thing... It doesn't matter if you had a contract if the contractor did not do the work as specified. If he didn't do the job as proposed, he breached his contract and you may have a counter-suit for the demolition.

Answer 2

A contract is always a plus, but in the absence of one, there is still a certain standard of care that the contractor is expected to operate under. If all of the other contractors in the industry do work a certain way, you can expect that your contractor will as well.

If you refuse to pay, the contractor's legal option would be to file a mechanics lien against your property. Lien laws vary in each jurisdiction, and in most cases are subject to some pretty tight time limitations (based on the last date of work).

Your chances of getting what you feel you deserve are pretty good, if your expectations of the finished work are reasonable, if you are prepared to wait, and if you can afford a good attorney.

Answer 3

Dear Quag: This is your basic "he said," "she said" situation, so let's start at the beginning:

First of all, your unhappiness, while genuinely felt, may or may not have anything to do with how well the contractor performed. Regrettably, I have had customers who received exactly, to the letter and to the penny, what they requested of me but were unhappy with the result.

You mention nothing about a written contract. If there were one, it would be simpler, perhaps, to see if the work performed was in accordance with the specifications and otherwise performed in a workmanlike manner. In the absence of such a contract, any legal pursuit by either you or the contractor will first involve a finding of fact: exactly what was promised? Exactly what was done?

You do hold the upper hand here, because you have refused final payment, but given up the down payment; thus, the contractor at least was paid SOMETHING -it's not as though you're trying to get away scot-free.

The classification of his work as "mess-ups" may not be something you are qualified to assess, unless the mess-ups relate to common sense and self-evident things which require only a "reasonable man" evaluation; for example, "contractor spilled dry portland cement on prize rose bushes, killing same; rose bushes were 50' away from work site." The problem with YOU evaluating a skilled trade job as a mess-up is that you skate perilously close to the, "if you're so smart, then do it yourself" response.

His legal rights are the same as anyone's: if he feels he has been cheated, he can sue you for the money he thinks he is owed. But suing isn't the same as winning, and, if your case is sound, he'll walk out empty handed.

For right now, make a written record, including your pictures and any expert opinions, as to what happened. PRETEND that you'll need to defend yourself in court, and get ready. This way, if you have someone else take over the job, you'll have a good record that shows what happened. Then, tuck that away and get on with your life. You may never hear from the fellow, and if you do, you'll be ready. I would avoid any contact with him.

These things happen. So sorry about it.

PS: I see some other answers now, and they make me a little nervous. Let me cover the bases.

The contractor's legal status AS a contractor (licensed, bonded, etc.) had nothing to do with whether he did the job properly or improperly. It DOES have a bearing on your ability to turn him in if he is unlicensed and a threat like that might make him go away. If there is a bond, then it is a "Home Improvement Contractor" bond or something similar, which gives the consumer some protection against frauds and rip-offs, but not necessarily just faulty workmanship.

Someone mentioned small claims court and the like. That's for the contractor to do, if he wants to. You've already set the terms of settlement that are acceptable to you: he keeps the down payment and walks. Should you decide to sue for return of the down payment there had darned well better be some very good reason for it, such as undisclosed damaged or something else that you could not have known about at the time.

My advice remains: you've got what you want; the ball is in his court; sit tight.

Answer 4

The words "workmanlike manner" are truly the key. Whatever the outcome, make sure you have "waivers of lien". Otherwise you can have trouble with your title years later. Fortunately, my brother worked at the bank and was able to negotiate an agreement. I talked to a lawyer in a similar situation, but she said, even tho I would prevail in court, the contractor could ask for extensions til it cost me more than the job did. Negotiation is your best bet. Some times just a letter from a lawyer can get you the waivers. I actually had a subcontractor threaten my life when the contractor wouldn't pay him. This stuff can get so nasty. Don't let this go unsettled. Good luck.

Answer 5

Terms of your contract are the most important factor. Should include wording such as "Work to be completed in a journeyman type manner". He could put a contractors lien on your property. I would check with an attorney. A consultation would cost less than a court fight over a lien down the road.

Answer 6

I had a simialr problem last yr, a week before my Christmas party. I needed a new kitchen floor. The week before the party, he started. Was suppose to be finished in 2 days. From the very start, I started to see problems. He was late 4 hrs the first day, he was by himself, ( it was a two man job), and he was always on the phone. I immeditaly complained to what I thought was mangement, and got no where. The second day, he assured me the work would be done, and by the middle of the afternoon, only about 1?10th of the floor was put in! I called to complain, he got mad left the job to say he was meeting the boss to show her how to get to my house. Two hrs later, they arrived at my door, ( their store is 10 minutes away ) and they were both yelling at me. To make a long story short, the cops came, and I found out it was a husband and wife team. That's why my complaints went unheard. I took them to court, and since I payed for the materials, I got to keep the materials, and payed someone else to finish up the floor. Needless to say, I never had my floor in time for Christmas. I would say, stop payment, file small claims ( u can file up to $5,000.00) and make sure he was definitly liscensed or you may be out of luck. Take all your paperwork to court, and have everything ready to answer alot of questions, and donnot leave anything out of your paperwork complaint. This happens all the time I found out, so good luck!

Answer 7

When my electrician strung interior grade wire all over the outside of my house, and put in plug ins in the wrong places, I called the City Inspector, who made him clean up his act , tear it out and do it right. Then I paid him for the work he was supposed to have done in the first place. He also had to repair the holes where he'd put plug ins in the wrong places. There are always agencies to protect us, even if the protection we need is from the Federal Reserve Bank. We live in America.

Answer 8

Your best bet is to see an attorney. The contractor can put a lien on your property. He can sue you.

Answer 9

depends as to what his General Liability policy says if he has one. Same goes for you depending if you have renters insrnce or an HO3 policy. Call your agent and talk to them about it. That is the route that i would take to see what you can do and what you cant and same for him. Also ask how you would file a claim wouldnt hurt to check into it and he may end up having to reimburse you.

Answer 10

What state?