What to do.... contractor is playing games....all ready signed contract

Question

Hello everyone,

I would like some advice....

1. hired a plumber (lets call him woody)

2. Signed contract (with no date to be completed by)

3. Plumber sub-contracted an electrician

4. Have paid them both 50% up front

5. I'm paying for VPS every month (3 months so far)

6. House needs all wires and pluming (so they said), electricity is definitely needed.

It's been 90 days since I signed to contract. Woody keeps telling me it's coming along; the electrician has cancer, in and out of hospital etc. The electrician may very well have cancer.

What I'm thinking and wanting to do....

Please give me some advice here.....

I believe this should have maybe been a 9 day job, not 90! I will call him quite a few times and wont return my calls for days.

because there isn't a completion date on the contract can I still fire them both for taking to long?

1. Avoid getting a mechanics lean

2. Fire woody & the electrician

and last but not lease... how can you obtain contractors that aren't going to be lazy,seriously jealous, and disrespectful by avoiding your phone calls?

- your input is greatly appreciated

-Vidal

Joel Owens · Answer

You simply DO NOT do this! "4. Have paid them both 50% up front" This is what sunk you from the start. You buy and control the parts so they are not marking up a ton on you. Sounds like you were the acting GC here. You have to make contractors starve for money and then pay them so the motivation is there to complete the job.

Craig E. · Answer

Tell them (in a signed writing) you won't sue them for breach of K/ damages/ losses for their failure to complete the job in a reasonable time (inferred since you have no express date) in exchange for their promise not to lien or sue you. Hopefully they will sign and walk. Can't help you with finding a good contractor in Atlanta to finish the job.

Account Closed · Answer

The landlord should always go to the store and pay for all materials and have a written agreement how much and when the GC gets paid, and I have been told here in Texas, the GC has a clause in their agreement; they must be paid once the job is finish if not, they will put mechanics lien on the property and the property owner must signs and agree. Joe Gore

Joel Owens · Answer

Find out who other investors use and trust. My plumber guy I would NEVER EVER pay upfront. Only when the job was complete to my satisfaction would I pay. Lazy contractors will never accept those conditions as they are trying to dupe you. The key is to weed them out in the beginning. If the electrician really has cancer it's doubtful you will ever see the money.

Karen Margrave · Answer

@Atma Vidal Each state has their own laws governing contractors licensing, check yours.You can probably file a complaint against the contractor. ALWAYS check licenses (your state contractors board probably has them online, and it should show bonding company, expiration date, etc.) In California we have "pocket cards" that show our license info. too. ALWAYS check references ALWAYS read your contract before signing, and make sure EVERYTHING is spelled out in detail. (Description of all work to be done, what is and is not included. Cost and type of material, length of time to complete, copy of insurance, name of bonding company, etc.) ALWAYS get at least 3 bids Control YOUR money. Make payments as work progresses. If it's necessary to give upfront money for materials, have something that shows what will be purchased, and cost, or meet the contractor at the store to pay for materials. TAKE RESPONSIBILITY for your job, and don't be taken advantage of. REMEMBER, the contractor works for you, not the other way around. At the same time, there has to be balance, do everything you are supposed to do, on time, and pay as agreed to.

David Lee · Answer

@Atma Vidal I have not had problems with any contractors as of yet. But listening to the bigger pockets podcast @Joshua Dorkin and @Brandon tuner one of the things that stuck out that they said was to find a good contractor go to lowes or Home Depot at 7 o'clock in the morning and see what contractors are there. Those are usually the ones that get they early and get the job done. Another thing that sticks out is to give the a reward in the contract. For example they say that they can finish the job in four weeks. They had estimated it at $5000 for the work tell them you'll give them an extra $500 if they get it done in three weeks. But also tell them that every week it goes over that month they're going to have to pay you $500. That seems to be very good motivation.

Andy Collins · Answer

Try to call and set up a meeting (as stated above), if he/they don't respond to the phone call, send a letter. In the letter don't get "hot" just say how sorry you are that the electrician is experiencing health issues, however the lack of completion of the job is causing you financial harm. Give them 2 weeks to either finish the job or return your deposit to you. Say obviously it is in the best interest of everyone to get the project complete by "xx" date, but if it is not, and the deposit (s) aren't returned, it would force you to take action to protect yourself financially for further loss. If you have an attorney that does any work for you, copy him on the letter (ok, you don't really have to copy him, but it looks better if you have copied an attorney,,,,but don't "copy" an attorney that you don't know, if there is that 1% chance they call the attorney (they won't) you don't want him to say "who is that" Send the letter certified,,but again, try to set a meeting first,,and have the letter ready to give him during the meeting depending on how the meeting goes andy

Atma Vidal · Answer

Thanks for chiming in... To Joe Gore, yes he gave me some papers showing that he's a plumber. Also he gave me his insurance paper work, now I'm wondering if the docs are legit. Question, how can I find out if an electrician/ plumber is actually licensed in Fulton county? Bonded? I will get back to you. Yes, they have pulled permits ... (The plumber and electrician I met downtown to pay for the permit, but he was with another guy, the master plumber that actually pulled the permit, but didn't do any work, just woody has done the plumbing.at the same time the electrician guy did pull a permit that I paid for) To Michaela Graham you said....Have you checked them out? how does one do that? My neighbor referred the plumber, although they don't have any rentals which makes me think. you said... take legal steps what do you have in mind? the ultimatum sounds great. To Chris Music Yes, your absolutely right about having a clear contract.

Scott E. · Answer

Communication is key. You say he won't call for days. That is unfortunate, but at least he's calling you. Next time you get him on the phone ask to meet with him in person. I've found that an honest and transparent conversation can go a long way! Maybe after explaining to him your concerns, you guys can come to a settlement. If electrician really has cancer, you may be able to sympathize and agree on terminating the contract and possibly working together in the future if he returns to health.

Chris Music · Answer

Atma, sounds like a tough spot. Review your contract carefully, in my experience there is usually a clause where either party can initiate a termination of the relationship with written notice.