Thank you to you both! @Wayne Brooks @Steven Gesis
You are both 100% right and confirmed my thoughts. The only thing that we have even signed for our the kitchen cabinets and they cost $6,200 and we budgeted $12,000. Hopefully they still deliver them!
He has threatened to file a lien. Great advice to let him know there are penalties for filing false liens. He has literally only showed up for inspection draws and to pick up the check. I did a walk through with the contractors to let them know what work was being requested but again nothing was signed and the invoice was received after the fact. I even told him that if we discussed the cost and got quotes we would want to adjust to stay within the amount allotted. I handled the plumber work and stayed under budget easy.
We are hoping to terminate him and finish work with another contractor before the lien goes through. Its amazing. This program also outlines that if it costs more then outlined after we have to fire him that he would have to pay for those extras as long as they are within scope.
Very frustrating to have to go through. If he wanted to get paid and cover his profit overhead etc he needed to be at the project managing every aspect. He cant even justify asking for 18K in profit for the amount of work he has put in.
I feel bad for the sub though. Guy is stand up and has been nothing short of amazing. He has gotten $6,500 of the 40K we have released. That part bugs me the most.