How do I deal with this contractor problem? HELP?

Question

I hired a contractor for two major repairs, total of 10,000. I paid half up front, with half due upon completion. (Half of payment in check, half by credit card). I found out that one of the repairs, counting for about half the cost, is not necessary (it was an error by the county government having to do with codes). My problem now is that NONE of the repairs are done at all, and he has 5,000 of my money. Now that the second repair does not need doing, that is "payment in full" for the first repair job, which is also not done at all (it has been 7 weeks). I am putting a hold on the credit card payment. What else can I do? I checked the guy out and he was a better business bureau member and also had a valid license with no complaints, I thought I did the right checks. Any advice? I know I am a stupid person, so don't tell me that.

Answer 1

You're not stupid. You did what any other person would have done. Call the contractor and tell him he has a certain number of days to get this job completed. If it is not completed by that date, you will take him to court and file a complaint with the BBB. The longer you wait, the harder it will be for you i court. Send him a copy of the phone call by certified mail with a return receipt showing that he received it and when.

If he doesn't complete the project by the date, next step is to first contact the BBB and see if they can help you. Contact your local BBB as well as the state BBB and the same for the Chamber of Commerce in your city and state. Contact the attorney general at your state capitol and explain the situation as well. If nothing more happens within the next 15-20 days, file a suit against the company and the individual. Normally, a good and reputable person will not let it go that far. If they do, be ready to go to court with copies of your written agreements, notices from the county as to what was required and then not required, copies of the check and so on. He ha to finish the job of refund some of the money to you to pay someone else to do it.

Answer 2

Talk to an attorney, and the contractor and the BBB.

Answer 3

Talk to him give him a date that you need it finished or take him to small claims court. Call to the BBB and report him, that may speed things up.

Answer 4

If he does not have any complaints with the BBB or Registrar of Contractors he may not want any. Tell him you intend to file a complaint with both if the situation is not resolved.

Answer 5

I agree with the 1st 3 answers to your question: And as sort of an after the fact thought – most reputable contractors are well enough capitalized (i.e. have enough money available) that they do not need a 50% payment prior to starting work.  In fact in some sates (California for example) it’s illegal to collect more than 10% or $1,000 – which ever is less- prior to the start of the job.

As a general policy, try to structure the written agreement (contract) so that the contractor receives a series of payments over the course of his work.  Involving the local building department and submitting plans in advance, where applicable, will also help to insure the work is being done correctly.