My contractor folded his tent.....

[recycled sixtie]

I really need your opinions on this situation. Two years ago we had a deck built and the applicant/contractor never requested a final building inspection by the City as per the agreement. We were just notified by the City of Edm. that the stairs and lack of sufficient railings did not meet code. Obviously we did not read the fine print and we should have got the contractor to get the City to do the final inspection. I did some research and find out the construction co. is not in business anymore. I remember one bus. partner was an accountant and find his new ph. no. of employment and his company name. I face him with the situation and he said the statute of limitations kicks in. I said it did not because the City Bldg. inspector said the deck is not approved and that was today. We are only talking about a few hundred $$$ here but it is the principle here. The bus. partners fold up the tent in the old co. name and start afresh. The accountant works for a larger co. now and the accounting designation org. says for me to write a report to him(standards/ethics officer) regarding what I experienced. Any ideas?Can I still hold the previous partners responsible even though the co. is not in business? Can the accountant ethically speaking continue as if nothing has happened? How will present job be affected if the partners were involved in breach of contract(resp. for final inspection that was not done). Thanks a lot in advance!

[look 171]

Get someone in there and finish the job if its just a few hand railings. Move on and enjoy the deck. I know it is pisser that they are doing that to you, but the time spend out weights the money saved. Do you really win at the end?

[McLovin]

Originally Posted by recycled sixtie

but it is the principle here.

Famous last words.

Just move on.

[Zeke]

In the U.S., at least here in CA, contractors must carry a bond. This is exactly the situation why. The bond company would pay to have the railings brought to code so you could have your final.

I can't advise you on the statute of limitations, but do look into your laws and see if there is a bonding company or completed operations insurance. The CO ins might be liable for work not done correctly within a time frame.

BTW, if the violation is simply too wide of spacing on the pickets, that's easy to fix with some heavy wire mesh.

[GWN7]

The amount of time energy and money you will spend trying to get them to do what you want will exceed the cost of having someone put up a railing. You should have been on them two years ago.

[URY914]

If they are out of business and they were incorporated, thats that. They as former owners of the business and don't owe you anything.

Move on.

[recycled sixtie]

4 responses = so much wisdom. I will move on! I should have read the fine print sooner even tho it was ignored by the contractors.Thanx

[GWN7]

The final inspection was when you payed them. If your contract said the city was to do a inspection you should have made sure they did it before signing the cheque.

[RWebb]

Originally Posted by URY914

If they are out of business and they were incorporated, thats that. They as former owners of the business and don't owe you anything.

Move on.

unless your lawyer is adept at veil piercing -- you did say it was the principle of the thing, right??

I agree you should move on. You would need to throw a few $10,000 bills out there for them to trip over.

BUT, do file that ethics report.

[vash]

cant you still ding his contractor's license?

i was in a similar situation..but it wasnt my contractors fault. i had the sewer line replace from my home to street. i saw the city inspector do the final inspection. a year later (or so) i got a letter saying my permit wasnt closed, and was about to expire. WTF? i called, and an inspector showed up. i got lucky, it was the same inspector. he remembered my home and promptly signed my document and promised to go back to the office immediately to close the loop. he did comment that my new landscaping and irrigation probably needed a permit, but he didnt say anything more..phew. who knew?

good luck. hopefully you remember the partner's name. look up his contractor's license. in california we search through the department of public affairs (DPA).

[Por_sha911]

"Forgive and remember"
Get the job done at your expense but tell everyone to beware of the new company. In the long run, they will lose far more from the bad reputation.
You reap what you sow.

[Bob Kontak]

Originally Posted by RWebb

BUT, do file that ethics report.

I would not bother. The railings were put in good faith, most likely. Perhaps ignorance, but no intention to harm. Business folded. Not bonded. The end.

[Danimal16]

Originally Posted by Zeke

In the U.S., at least here in CA, contractors must carry a bond. This is exactly the situation why. The bond company would pay to have the railings brought to code so you could have your final.

I can't advise you on the statute of limitations, but do look into your laws and see if there is a bonding company or completed operations insurance. The CO ins might be liable for work not done correctly within a time frame.

BTW, if the violation is simply too wide of spacing on the pickets, that's easy to fix with some heavy wire mesh.

The Bond is the key!! Milt is +1000 percent on target. Also, seeing as how the contractor failed to do this and he had a contract to do so, well it is a LATENT defect (that is the claim against the bond holder). Also, what is the statute of limitations on the City enforcement???? I would think it is one year, especially since there was a permit?

Oh and if none of the above works, do like others have said and consider the pain that the principle can cause you. I am with you but the pain is a bundle and you should consider that as an additional cost.

Good luck.

[Danimal16]

Originally Posted by Bob Kontak

I would not bother. The railings were put in good faith, most likely. Perhaps ignorance, but no intention to harm. Business folded. Not bonded. The end.

If he had a contractor's license, he should have had a bond. If the Bonding company is defunct, I would give it up. But if the bonding company is still in business, a call may be enough. If it is a big fight see my above post about the cost to enforce the contract vs. the cost to get the work into compliance.

[Superman]

Originally Posted by GWN7

The final inspection was when you payed them. If your contract said the city was to do a inspection you should have made sure they did it before signing the cheque.

Bingo. Never, ever, pay a construction contractor in advance. You should not provide their working capital. On small projects, payment should be made at completion. Completion is not until the county has signed off on the permit.

Construction contractors asking for up-front money on a small job.......run away.

[LorraineKerri]

I should have read the fine print sooner even tho it was ignored by the contractors.

[red-beard]

You're in Canada, Call Mike Holmes!

[maxnine11]

You're in Alberta, Punch him out !

[recycled sixtie]

Originally Posted by RWebb

unless your lawyer is adept at veil piercing -- you did say it was the principle of the thing, right??

I agree you should move on. You would need to throw a few $10,000 bills out there for them to trip over.

BUT, do file that ethics report.

Okay RWebb I do find that it is tempting to file the ethics report. But the office guy with the accounting designation will likely get a slap on the wrist only because all he can be accused of is guilt by association. His signature does not appear anywhere but being a partnership he should have ensured that the final inspection with the City was completed. His defence is that the statute of limitations is exceeded, that is the time that I could have done something has passed. My reaction was that there was no time limit on a bad reputation.
It is not a crime to be involved in a company that has gone broke. However it makes me wonder what did he put down as work experience prior to his present job? I find out that he works for a large multinational corp. but if it was an investment co. or a bank I would be concerned for the safety of their $$$. However that is not the case. So as suggested here, I am seriously thinking of letting the accounting designation assn. know my experience and give them a report. I learn from most of you that I am negligent in not getting the final inspection done before final $$$$ settlement and that I should go ahead and spring for the few hundred $$$ to install proper steps and railings.Good advice. I am unable to find the carpenter who built the deck but it was the accountant who came with his carpenter partner to do the sales job to give it more legitimacy. Is that sufficient punishment for the accountant for me tell the account. org. of what he has done?Am I going over the top?

[RWebb]

any SOL for the work may or may not apply re an ethics violation - get a feel for the guy's character - if really bad, then file it; if not bad it may be over the top -- but others will review it in any case and may reject it

I would also rely an atty not an adverse party to tell you about the SOL!