Bad Contractor~ What do I do now?

Question

I am in the Orlando area and have a contractor that has literally taken every short cut there is and not only is much of the work not completed but some of it will need to get ripped out and redone. The job that was supposed to take a month is going on 8 months. At this point I am looking at probably $15-$20,000 to fix and finish the job. He has been over paid at this point for about $4-$5000 for stuff not finished, not counting the stuff that needs to be redone.

I live out of state and am flying up on Wednesday to deal with this. How do I deal with this? Do I have to just suck it up as I don't think I will get my money back. Is it worth suing? I imaging that will cost more than what I am owed. Do I threaten bad reviews? Not sure the direction here. Thank you

Patricia Steiner · Answer

There's a lot here.  Do you have a contract and Scope of Work?  How did you find this contractor - is he licensed/bonded?  How do you know that the work is substandard?  Have you had daily/weekly conversations with the contractor?  Why has he been paid for work not completed satisfactorily (it doesn't work that way)?

Before you go to the site, stop and take inventory of how this got so far off in the weeds.  Some materials have been back-ordered due to Covid and have slowed down jobs.  Who was overseeing the contractor?  Take ownership for what might not have been done well on your part before storming the beach.

Here's what I recommend:

1.  Arrange for the contract to meet you at the property - about an hour after you arrive there.

2.  Go inspect the site.  Take photos.  I'm not sure how you've determined the work was not done properly but you will need to document it.  All of it.  Bring a Scope of Work (you can download a form online for free - bring several pages), a clipboard, measuring tape - and document everything wrong and everything that needs to be done.

3.  When the contractor arrives, take a deep breath.  Don't attack/accuse (yes, he deserves that and more but you're in charge now). Let him know you're disappointed that the work hasn't been completed and you need a specific plan to get it done. Walk the property with  him and agree to a time line for EACH task.

4.  Review the money paid thus far.  Any further payment should require proof of completion (photo, video walk-through) with receipts provided.  There is no "pay day."

5.  Arrange to speak with him DAILY for 10 minutes:  what was done, what will be done tomorrow, are we on schedule, next steps.

6.  GET INVOLVED.  You're running a business...run it.

You've got this...step back, get ready, and go do it.

David Avery · Answer

Contractors are responsible for the contracted work.  I would be gentle at first and remind him how long it has taken and Your willing to be easier to communicate with and make quicker decisions!

If you take some of the blame in the eyes of the contractor then maybe he will step up and complete the work.

Ask him how busy he is and if he can still finish the job in a timely manner from this day forward.

Communicate, communicate, pictures, text, face time.  maybe have someone in that area do drive buys and check on progress, ( namely your real estate agent).. They did make a good commish on you!

Have a couple back up plans just incase it continues,  Like other contractors that could come in and finish up.

Sorry this has happened to you.

Everyone's expectations are different.  Just get on the same page and move forward.

Rachelle Bisaillon · Answer

I have been flying up every month or two but he has had every excuse in the book. So I just wanted it done and I def did some things wrong and should have fired him a long time ago.

Theresa Harris · Answer

Even with covid if it was to take one month at that point, you should have gone to do an inspection.  After 8 months...well it is ridiculous.  Fire him and get a different contractor.

As Patricia said you should be inspecting the work at milestones and then paying him for what has been completed.

For the items he stole, why on earth did you let him buy 'new' ones after everything that had happened? If he bought them without your permission, refuse to pay and tell him you never approved that, so you won't pay.  You should have asked for receipts to show that they were new and make sure the model numbers and such matched what you have.  How often have you visited the site?

You can take him to court, but I don't know what the limit is for small claims court.  You are responsible for some of it as you've been paying him for work that wasn't done and haven't been checking that things were done properly and letting him get away with it.

Rachelle Bisaillon · Answer

I did sign a contract. I will look over the contract again. Thanks

Collin Maas · Answer

Sorry this is happening to you.  Did you sign a contract with him? Part of your remedy may be in the contract.

Rachelle Bisaillon · Answer

Thank you Patricia

My patience at this point is done. He sold off my fence and my washer and anything else not tied down as well as new appliance pieces that he claimed he "couldn't" find. He spent all my money and then didn't have enough to pay his subcontractors so he has been doing odd jobs to live and "working" on mine when he gets a chance. He bought over $15,000 in appliances that he told me were new to discover they were return dent ones and half are broken and the other half are missing pieces. My yard looks 10X worse than when he started and I expect that I may have code violations by now. I am having full blown anxiety attacks over this. I have def learned a few things that's for sure. But now I need to get out of this . Considering just selling the house because I can't stand to look at it anymore.

Bad Contractor~ What do I do now?

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