Putting a hammer on my contractor

The guy has deceived, lied, and basically I have had enough. I had him build a family room 16x20. Already paid 90% of the payment.

Last week, the inspector gave the OK to cover drywall with compound and put stucco for outside. They did one coat of stucco and about 80% of compound on drywall (no beads yet).

Deadline has already past and they worked only 3 hours a week. There was one time they worked 2 days in two months..

The scumbag has all the blueprint, etc. I believe we have only one inspection left. The last few inspections, the required docs weren't even needed except a sheet where the inspector signs of on the category.

Can I go to city hall and pay a fee to get those docs? I am assuming the inspector also records the inspection results on his own side. The permit was pulled under my name.

Assuming I am not the first to ever been lied to by contractors. I left a voice message for the inspector that came previous times. I want to know my options before I really throw a hammer at the contractor.

Right now I want to get this done.

You should be able to get a copy of all the inspections.
You have to know the pitfalls in the law where you live, when dealing with your contractor.
If he has used sub contractors, you have to be sure that they have all been paid before you pay him out and if you fire him, he quits paying the subs and they all come after you. For some guys, it the game they play.

If you have paid him 90% you are in the end game any way you look at it and could well be upside down at this point. Getting tough with him could be what he wants and when you fire him he walks not wanting the final 10% as its more work still than the 10% will cover. Hopefully the contract with the subs keeps him in the hot seat if they were hired by him they should have known better if they are not yet paid. I would keep him going as long as I could and hold that 10% to the very end. If the job never gets finished he never gets the money. That’s the only leverage you have left.

My Mon once had a small garage built and she had paid the guy all but 500 bucks. All he had to do was rake the ground up around the building to get small pieces of metal up from trimming the siding and roof and he had to put one coat of paint on a steel man door. A month went by and I called him and asked when he would be back and he said just keep the 500 and paint the door if you will. Both jobs took me less than an hour to do and was the easiest 500 I ever made even though I didn’t get paid. I always thought why wouldn’t the dude stop on his way home and do it and finish the job and make 500 bucks? It’s just the way some people work I think.

Up here the subs have 45 days, if they don't get paid to put a lean on the house where the work was done. So the final 10% payment should be after that date for the general if there where no leans filed.

nealtw said:

Up here the subs have 45 days, if they don't get paid to put a lean on the house where the work was done. So the final 10% payment should be after that date for the general if there where no leans filed.

Click to expand...

They should be putting a lean on the general contractors house in that case.

That's the way it works up here, may be different in different places.
The biggest problem we have had is when the home owner is the general contractor and then their bank quots them some law from somewhere else and they are holding back on the subs, who then have no choice but to lean the house.

If you hired a licensed contractor, you may have some clout by filing a grievance with the contractor licensing board. He won't like having his license tied up.

We have to have a license for every city we work in, and a complaint to them will earn you shrugged shoulders.

Sounds like we have a little better consumer protection down south.

If it is understude by everyone it works alright for everyone. But now if we we lean we have so many days to fill a lawsuit or it goes away and with the new rules, court costs are rediculous. Tort reform, carefull what you wish for.

small claims court.

I will say what every one else is tip toeing around.

why in the hell did you give him 90% of the money?

EVERYONE knows..do not buy the contractor till the work is complete.

IF He crys, he needs money to buy materials. find another contractor.

CAUSE that one is not paying his material bill and his credit is cut off

AGAIN...DO NOT pay a contractor "0" % till the job is 100% complete


NEVER :beer:

frodo said:

small claims court.

I will say what every one else is tip toeing around.

why in the hell did you give him 90% of the money?

EVERYONE knows..do not buy the contractor till the work is complete.

IF He crys, he needs money to buy materials. find another contractor.

CAUSE that one is not paying his material bill and his credit is cut off

AGAIN...DO NOT pay a contractor "0" % till the job is 100% complete


NEVER :beer:

Click to expand...

My mistake. I always given him about 10% ahead of the completion of the job.

It just leaves a bad taste for this profession. Prior to researching for contractors, I spoke to a few relatives that had room additions and none wanted to give me their contractors (all had bad experiences). I know there are some good ones.

I called last night and threaten a lawsuit. He has his crew came all of sudden to do more drywall. Today stucco guy came to do the second coat (brown coat).



Here is a picture for some laugh (see pic). The project includes two new windows in an existing wall. Previous owner probably had something done to this wall. I only had been living here 13 months.

I also found that a 4 ft ceiling light had been installed in the ceiling. There wasn't even a wood block to brace the surrounding when they cut the joist to have a 2x4 opening. Instead of the ceiling joist supporting the drywall, its opposite.

Another one - electric wire in the kitchen not inside the stud but notched through the drywall for the run.

Pressure like that is likely your best bet.
You never know what you are going to find when you take stuff apart. I always tell DIYers to photo everything they do so when they sell the house they can prove stuff was done properly.

I have had three jobs done within the last year, basement waterproofing($10,000), sewage holding tank install($9,000) and concrete patio ($1300). None of the contractors asked for any money up front except the holding tank and that was only the $1000 permit fee to the town.