Contractor quit

[peppy]

Crap, my contractor (contractor probably isn't the right term form him)quit half way through the bathroom.

He has about half of everything done. Said he doesn't have time to finish, I think I don't have time to pay his a$$.

I have noticed a smell the past few weeks THE TUB DRAIN IS NOT TIED IN UNDER THE HOUSE.

[Porsche-O-Phile]

I certainly hope you have (1) a written contract and (2) retainage withheld.

If not your only recourse is to get someone else to finish the job. You will not be able to withhold payment from him for work done to date or you'll likely end up with a lien on your property.

[peppy]

No contract, and have not paid a dime (I have paid for all materials). He has been working for 5 months.

[Porsche-O-Phile]

I don't want to lecture you, but you have done something extremely foolish in allowing someone to do work on your property without a written contract and it's going to cost you. Accept it. You are GOING to end up paying this guy for his work (probably an inflated price too) and you are going to end up having to get someone else to complete the work.

At a minimum you should ALWAYS have a written contract for any work done on your property - I don't care if they're replacing a doorknob. It is also an excellent idea to ensure they are properly licensed and bonded and ideally check references including any history of litigation, arbitration or license action.

At the risk of sounding self-serving, hiring a licensed architect or construction manager is always a good idea as well - and not as expensive as you might think. We are trained to deal with these kinds of situations and we know a lot of the games that are often played and how to protect the client's interest. Even standard AIA contracts will protect a LOT of your interests.

Again, I don't want to sound like I'm lecturing but I see this all too often (especially with residential owners). Penny wise, pound foolish.

[Zeke]

The contractor might just go away. I don't know lien laws in NC, but it doesn't bode well when abandoning a job. If there were any contractor employees, I'd be more worried about that. And if there were, they might be able to finish the job which would be a nice outcome for all concerned.

[trekkor]

Is he a licensed contractor?
Is the job permitted?
Why 5 months in a bathroom?

Curious here.


KT

[URY914]

If he wants to be paid offer him half of what he wants and get a final lien release.

[trekkor]

If there is no contract, there is certainly no lien...

Also, if he hasn't been paid in five months, I don't blame him.

I REQUIRE draws about every 1-2 weeks based on progress.


There must be more to this story, right?


KT

[peppy]

He worked alone and I have known him for years. I think he just took on more than he could handle. We are negotiating final payment, about half what he told me.

I just don't want the hassle of finding someone new, and MY boss is not happy

The house is in VA and is the second home.

[peppy]

Originally Posted by trekkor

If there is no contract, there is certainly no lien...

Also, if he hasn't been paid in five months, I don't blame him.

I REQUIRE draws about every 1-2 weeks based on progress.


There must be more to this story, right?


KT

No lien, and he never asked for any money. He was doing this on the side.

[trekkor]

(contractor probably isn't the right term form him)

Laborer?
Friend?
Referral?
Some dude?



KT

[john70t]

Five months for a bathroom? Wow. Your boss is much much nicer than mine.

The important thing to remember is that drywall is only a cover. It covers up a lot of flaws.(ask me how I know )
If there's not
-proper structure under the tub,
-or drains are not hooked up and the water turned on(pure negligence),
-or green sheetrock not used with proper flashing around,
-or sealed insulation.....
These can turn into warped floors, leaks and/or mold!


Get that drain hooked up and fans for ventilation in the crawlspace ASAP.
Spray everyhting down with bleach solution and wear a good carbon chemical mask.

[peppy]

I know I have a bit of a mess.

On top of that I am trying to upgrade the elec service next week.

[Porsche-O-Phile]

A lien can be filed without a written contract. It is a simple matter to record one. If the guy has any integrity at all he'll assist you with getting someone else to finish up and waive his lien rights. I'd absolutely insist that he sign a release of lien rights if nothing else.

Of course if this is just some dude, he may not even be aware he HAS lien rights, so you might be empowering him to even have the conversation and mention it - your judgment on this. I'd probably err on the safe side and assume he knows what lien rights are and how to use them though.

When you find the next guy to finish the work, have them sign a contract stating (at a minimum) terms of payment, schedule, access rights, retainage and penalty for not finishing on time. You also might want to put some language in there about rejecting work.

[john70t]

If he doesn't understand bathroom engineering, you may end up ripping out a lot of stuff and re-doing it. Watch the "Holmes on Homes" series.

If you both need closure, get him to sign a statement. No contract means neither party can prove the exstent of work performed.
I suspect there was no permit pulled, in which case the owner will probably get pooched.

[Zeke]

Contractor laws in Va may be different that what you boys know about your state. I know when I was in AL years ago, the laws varied by county and city. Out in the boonies a remodel was a no permit deal. Real licensed contractors were hard to find over what they referred to as a "jack leg." Not much legal dealings, but a whole lot of "neighborly" dealings.

Kinda like shotgun weddings, if you know what I mean.

Jeez, POP, this ain't New Yark City.

[john70t]

A lien can also be contested, and usually evaporates after 2 years (unless renewed). Meaningless without sale of the property.
If both parties won't agree, all that would eventually funnel into court and be resolved.

I suspect neither parties want that.

[peppy]

I think we will be able to settle this fairly. I am more worried about someone have to finish a job someone else started, and how much they are going to charge.

[Dantilla]

Originally Posted by peppy

On top of that I am trying to upgrade the elec service next week.

I'd just hire a day laboror for that. No biggie.

[peppy]

Originally Posted by Dantilla

I'd just hire a day laboror for that. No biggie.

BIL is an electrician, I hope I get a discount. Power co. is running lines underground and upgrading to 400amps.