Is a construction contractor legally and financially responsible for unsatisfactory work?

Question

I hired a contractor to replace some dry rotted floorboards on my front porch. However, the alleged repair job doesn't look any better than what was there before. The boards are still uneven and warped. I phoned him to express my dissatisfaction and expectation that he would make things right. He said since his company was an LLC so I couldn't sue him, and that he wasn't responsible since he did not actually do the work himself. He had a relative and another man do the job. I think he's full of bulls**t and trying to put one over. The contract said the boards would be "repaired" but his definition of "repaired" is apparently different form mine. He's got my money and it looks like he just painted over the old boards and hoped I wouldn't notice. What should I do?

Answer 1

First off I'm sorry you received poor work from that contractor, I, like the person above me is a contractor.

My policy is to write in my contracts that the job will be finished to customers satisifaction before payment is expected.

It really bothers me that he is hiding behind is LLC for not doing a good job. It matters not one iota that he did not actually do the work.

I get calls from people out there all the time about some poor lady hires a contractor and something goes wrong with the work or the payment is not what they expected and a million other complaints. They call me and ask what they should do.

I tell them to only hire contractors that stipulate they will only be paid when the job is satisfactorily completed. Also that they will be paid at the end one lump sum that is predetrmined before any paperwork is signed.

There is one big handyman type company out there that simply charges $60.00 an hour and the customer has no idea how long it will take and how much it will cost. These companies make a killing in profits. I cannot confirm this but I believe they purposly work slow to increase their profits.

When my company is hired we have a set price so it is in our best interest to get the job done quickly, also with the satisfaction clause we won't make a penny unless it is good work.

It might not be a good idea to sue this guy, it will in the end probably cost you more money to only maybe get a settlement in your favor-- a hard lesson.

I noticed at least one other poster in here said to never give the contractor any money up front and generally this is good advice, however in some situations the contractor simply doesn't have the cash on hand to buy the materials. The contractor shouldn't be punished and not get the job simply because he is poor. If it makes you feel more safe go out and buy the stuff that is necessary for him to do the work, however never pay for labor up front.

Licensing is another issue, use your judment whether you will require it. Licenses are hard to get and maintain, if the work is simple just get a contract. If your going to be spending some real money then of course get a licensed contractor and demand to see liability insurance.

Answer 2

Well, you say two things: first you say you hired him to "replace" rotted boards; then later, you say the contract said the boards should be "repaired." That is a really BIG difference. If the contract says repaired, then don't expect new lumber.

You can sue him--you have a contract. Just because he is an LLC or because he farmed the job out doesn't mean you can't sue.

As a matter of fact, unless the contract says he can substitute someone to do the work, he may have substantially breached the contract by failing to do the work himself. You could sue for specific performance. Or you could "cover"--pay someone to do the job right, and sue to have that job paid for.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

First of all did you have a written estimate of the work to be
done, If no then you have a he said she said we said, Without
a outline in hand signed by the supposed contractor you got
what you paid for nothing. U can complain to the better business bureau,, but thats like kissing your sister, No punch.

In the future when dealing with contractors follow this format.

1. Get a copy of there current state contractors liscense.
2. Get a full estimate of work to be done and performed by
who, and signed by the contractor, If he is going to sub- it out,
Get the signature of the sub, before the work begins... Do not
under any circumstance ever pay up front for materials or work,,,, Pay only after completion ,

Hope this helps

Answer 4

I am Licensed GC and you can sue a LLC, and if he is an owner of the LLC he can be held responsible first call your local licensing agency and file a complaint. Take some photos of the work and send them to your local building inspector or code enforcement officer.

Some more thoughts for you:
Did you check his license and insurance?
Did you pay him 100% before the work was done? You shouldn't have done that.
Did you pay him after work was done? If so, your payment constitutes a acceptance of the work?
Is there a written warranty?


Not all contractors lie.

Answer 5

My legal advice is this. Read over the contract for the work carefully. If he did not fully hold up his end, HE can be sued not the LLC. Basically for your own sanity, it would be best to get your money back in court and ask a reputable contractor to do the work. The best contractors get the majority of their work through word of mouth.

Answer 6

I am a Contractor also. You may not be able to sue his LLC because he can just change it.

My advise to you is:

See if he is Licensed and Insured. If so make a complaint to your local licensing board.

Sue him personally.

Answer 7

You can sue a corporation so he was telling you a lie. (What a shock---a lying contractor.)

I think the only thing to do is to file a case in Small Claims court against him to get your money back. Perhaps when he gets served with the court documents he will decided to settle with you out of court. However, I wouldn't let him do the job over again because I think he'll do a lousy job again just because he'll be mad at you.

So, take him to Small Claims. Lawyers aren't allowed there---everyone has to represent himself.