When to penalize your contractor ?

[Zach Ballou]

So I’m coming to a close on my first single family flip and let’s just say the experience with the contractor has been less than what I had hoped for. Now he is expecting a payment of somewhere between $3500-4500 ( he’s never clear with pricing which makes me feel like I’m getting screwed anyway ) and I’ve decided that I am not going to pay for the following reasons. First off the project started first week of November and was supposed to be done January 1st. So we are over 2 months behind schedule. Not to mention just to make the project go quicker I refinished a 3 seasons room myself , fixed a patch on the roof, installed and painted front door, replaced French doors with sliding door, did some demo work in kitchen in bath, installed hardware on doors all things that were included in the scope of work ( he did a poor job estimating the price for renovation and I think was shocked when I wanted certain things fixed that I figured were common sense such as a non-functioning French door leading to the 3 seasons room).

The first two weeks of the project I was away. The doors themselves were damaged so I asked he replaced them (meaning the Slabs). I come back from vacation to find every single door including frame and all replaced which was double the price. He failed to install the correct type of recess lighting in the main living area. Not to mention there is a space around all the lights. He didn’t install recess lighting in basement after we removed drop ceiling. More recently he installed the hard woods which were I guess okay. It’s sloped in one spot and I can see the seams in about 3 spots. The thresholds to the bedrooms were left not stained the right color and not even I stalled properly. The fans in the bedrooms appear to be wired incorrectly and don’t function how they are supposed to. He left 2 small stains on brand new carpets I had installed. Missed a small section of grout in tile on stand up shower. Then just a few little things that were odd like doors opening wrong way , doors not shutting or locking correctly , placement of toilet paper holders and towel wrack in weird places. He left a basement window that was supposed to be replaced and never had the exercising install the proper outlet for a dryer in basement. That being said I could keep nagging him to come back and fix these things but think it’s easier to have someone else come in and fix his mistakes. Would it be wrong of me to hold back the remains of payment. We have no contract or legally binding document. And just a said note he had renovated my first multi family a year ago. And more recently I had to pay 900 bucks to have someone trouble shoot a boiler/ heating issue at my rental ( the whole heating system was new). And also the grout/ tile In 2 out of the three kitchens is coming out. Again I could nag him to come fix this but it’s just easier to pay another contractor to do it right. I’ve learned by lesson but just want to make sure I’m not being unethical by holding the remaining payment from him.