Contractor didn’t do a good job

Contractor didn’t do a good job

Aaron GorumPro Member
Investor · Portsmouth, RI · Member since 2018 · 23 posts · 7 votes

We just finished a kitchen renovation around Newport RI and we aren’t happy with the quality of work provided.

First, the contractor ran way over timeline. I didn’t have a penalty for that because I thought a simple kitchen remodel shouldn’t take more than 9 weeks.

The oak flooring was stained. However several areas show slight bubbling and some areas have the new stain on the white cabinets. Also, the walls are still covered in saw dust from staining and finishing the floors.

He moved the basement stairway from the kitchen to the hallway to allow for the open concept design. The old stairs had two posts and two railings. He only installed one for some reason.

The kitchen cabinets were bought new and he only reported one damaged, setting us back another two weeks for manufacturing of a new section. He was not ready for counter installation and that costs a week and $200 (he is paying that). He had to build a new ceiling to make the cabinets work, but apparently the ceiling isn’t level and he used the bevel molding to shave down to make level instead of as the finishing touch it was supposed to be. Also the upper cabinets only have one set of screws holding them up. It took him apparent two time (every time) to find a stud. However, I don’t trust that the cabinets won’t fall once filled. There are no screws in the bottom cabinets. Finally the screws to adjoin the pieces of cabinetry isn’t there, leaving several noticeable gaps between them.

I haven’t paid the final payment to the contractor. I figured it’s the only leverage I have to get work completed to my satisfaction. My question is how long and how much would I be able to withhold for such poor craftsmanship.

Any actual help would be appreciated. Precedent would be the best! Take care.

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Contractor · Oxford, MA · Member since 2018 · 807 posts · 745 votes
6y

You can withhold any amount you see fit until it is done to your satisfaction. If he cannot or will not finish it to a level equal to industry standards then you can hire someone else to fix his work and deduct their payment from what you owe him. This is assuming the contract you signed with him doesn't dictate the answers to the questions you're asking 

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  • Aaron GorumPro Member
    OP
    Investor · Portsmouth, RI · Member since 2018 · 23 posts · 7 votes
    6y

    @Jonathan Greer No, I feel if I knew more about codes I would have set expectations better for myself. Meant only to give credit to folks that I’m picking up knowledge from.

  • Aaron GorumPro Member
    OP
    Investor · Portsmouth, RI · Member since 2018 · 23 posts · 7 votes
    6y

    @Jeremy Pace counter tops are not installed yet. He wasn’t ready for them when they came to map the base. All repairs must be fixed prior to countertop installation.

  • Lender · Thornton, PA · Member since 2014 · 106 posts · 56 votes
    6y

    Maybe talk to a local reputable contractor (network in local real estate groups to find one) and see what they would charge to finish the job correctly. You could use the remainder of the money that is NOT owed to contractor "A" because he didn't finish job correctly and pay contractor "B" plus what ever additional cost they may charge to get the job done correctly. This way you will have the peace of mind knowing that your kitchen cabinets will not come crashing down at 2:30 in the morning. Obviously, make sure you are within your rights contractually to do this, eg; speak to a legal professional to guide you.

    Good luck and thank you for your service.

  • Member since 2019 · 13 posts · 4 votes
    6y
    Originally posted by @Mike Dymski:

    Two choices (1) get used to it and just follow up and ensure the work is completed according to contract and (2) scale so you can have others deal with it.  It's just part of the business.  I did #1 for a while and then HAD to move to #2.

    Side note...over the next 10-15 years, automation is going to displace workers and drive construction labor costs down as workers move into the trades.

     Is "get used to it" really the top answer? We just went through an ordeal where the lack of quality of the work costed THOUSANDS of dollars in repair costs, holding costs and lost time on the listing. Potential buyers who loved the design of the house lost faith in the workmanship, and we've ending up selling WAY below what the property should have been worth. We didn't get what we paid for, and the only answer in this industry is "get used to it"?

    My business partner wants to take legal action against the contractor. I said something similar to your "get used to it" stance at the thought of suing, but the more I read, over and over again, about investors/homeowners being taken advantage of by poor workmanship I just wonder is there a way to hold contractors accountable other than to not use them again and learn from your mistakes?

  • Real Estate Agent · Scottsdale, AZ · Member since 2019 · 448 posts · 320 votes
    6y

    I see this happen to homeowners and investors all the time.  Bad contractors give the entire industry a bad name.  Unfortunately for the rest of us, there are a lot of them out there.  I frequently get calls from people asking me to come in and fix something a cheap fly by night contractor messed up.  

    Once the work is completed, if it is sub standard, you have little to no recourse other than to withhold payment or take legal action.  The latter is hardly a given.  You could spend months suing them, eventually win a judgment, and then not be able to collect on it.  Meanwhile you're out whatever legal fees you owe your attorney.  

    Ideally you should try not to put yourself in that situation and there are a few ways to help prevent this.  

    --Vet the contractor up front.  Speak with their references, go look at past projects they completed, etc.

    --Do things in stages.  Make progress payments contingent on approval of each one.  This way if the work starts off looking bad you still have time to bring in someone else if the contractor isn't up to the task.  

    --It's crucial to be present on the job, at least in the beginning, especially with a contractor you haven't worked with before, and to keep a close eye on the work being done.  This way you can stop them right away if there's a problem. 

    --Put everything in writing.  Be as detailed as possible, make sure it's spelled out as to who is responsible for what.  Because the last thing you want is to go down the road and when something comes up (and it always will) you don't want to be the one on the hook for it.    

    --Have realistic expectations.  Doing things the right way takes both time and money.  You can have it cheap, fast or good--pick two!  Construction projects frequently take longer and cost more than anticipated because the work isn't done in a laboratory or a vacuum.  There are many, many variables that influence timing of the work and which may end up costing more money.  

    What I'm saying is once the work is done by then it's too late so it's better to be proactive in the beginning.  

  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    6y

    @Corey Edwards "get used to it" doesn't mean "get taken advantage of". Get used to contractors (and residents) not meeting expectation, having to follow up with them, and having to include cushions in timelines and proformas.  Full time investors with scale and trusted vendors can make money on skinny deals.  As a part-time investor, I can't...and I need a lot of cushion in the deal to absorb the challenges were are discussing.

    Use referred contractors, use written contracts and quotes, and don't pay until work is completed according to them. But it will still be challenging and painful (particularly in the current market). I feel your pain. I've experienced more than six figures of incremental, unnecessary out of pocket costs related to contractor negligence (and fraud) to the point where it has influenced my strategy and how I am willing to participate in REI.

  • Real Estate Agent · Scottsdale, AZ · Member since 2019 · 448 posts · 320 votes
    6y
    Originally posted by @Mike Dymski:

    @Corey Edwards "get used to it" doesn't mean "get taken advantage of". Get used to contractors (and residents) not meeting expectation, having to follow up with them, and having to include cushions in timelines and proformas.  Full time investors with scale and trusted vendors can make money on skinny deals.  As a part-time investor, I can't...and I need a lot of cushion in the deal to absorb the challenges were are discussing.

    Absolutely!  One of the bigger challenges in construction is managing expectations not just on pricing but timing, let alone any potential surprises which may pop up.  I try to paint a very honest picture to people, particularly in the beginning of a project, which means I have to tell them things they might not want to hear.  Not that I'm trying to discourage them, but I want them to know about the possible pitfalls.  

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