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Am I within my rights to fire contractor?

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Posted by: from Calgary
10/18/2015 at 8:49:00 AM

Contractor has come and gone and job is unfinished, it is two weeks past. I'm currently without a home. Contract was for sept 30 deadline, that has come and gone and project unfinished. I'm without a home currently. I've had to cancel family and friend visitations because house is not habitable and I have no where to go and the current contractor knew of my visitors coming Oct 19. This is so frustrating.

Am I within my right to fire current contractor, and hire a new one?

REPLIES (9)
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Date/Time10/18/2015 at 11:21:39 AM

First of all, sorry about your situation. Lot's of hustler out there.

You said the deadline for the job was sept 30. Hired contractor didn't respect his duty regarding the contract. You should get someone else to finish it and review your contract with your lawyer.

Try contacting the present contractor. Explain the situation. Explain your worries and put pressure to get the work done asap. If you don't trust him/her anymore, get someone else.

Hope you'll get it sorted out.

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Date/Time10/18/2015 at 11:44:27 AM

Hello

You have a very common problem with contracter these days. Some times there are issues that come up in a renovation for example say your doing a full kitchen reno and the house is Farley old you can encounter multiple problems once you see what's behind everything so things may change. In this event tho the contracter should have told you right away the problem he found and should have told you that the problem is going to add more days to the contract. Did you make changes along the way ? Some times customers change there mind on certain things for example lay out witch again adds more time to the contract in this event again there is communication and an understanding that the project is going to take longer. If none of these things happened then yes you should fire him ..because if you can't even live in your house then he's not even close to being done. I hope the contracter you hired did things right if he didn't the new contracter may have to remove what ever the old contracter did then start again . Witch will cost you more. I hope this helps and good luck at the very least I would recommend that you get a second opinion from another contracter bring him to your home see what he says.

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Date/Time10/18/2015 at 11:45:55 AM

Joel,

The short answer is yes. The contract has expired with the deadline of Sept 30th. (Unless there is something written about no deadline for completion) I would, however, contact the contractor and simply ask the questions about your project and if there area any issues, tell him/her that their services are terminater or "no longer required" You have the contract to fall back on. Regardless of the contract, if the work was not up to your expectations,you can terminate the relationship. Sorry to hear about this situation, especially when it put someone in a situation of not being able to use your own home.

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Date/Time10/18/2015 at 12:16:30 PM

Yes...fire him as its likely a breach of your contract..that's if you have one. Many times I hear the same problem and issues can't resolved. What area are you in? Contact legal advise if the contract is not clear.

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Date/Time10/18/2015 at 4:19:03 PM

Your current contractor is in default, and thereby you are in a legal position to cancel contract. Have you already paid him? Use the balance to hire someone else.(If there is any)

Is there a possibility of him completing? Get him to finish, or sue him for the balance of completion.

What happened that you are not telling us? A contractor will not usually leave the site unless there is no money, or more work than anticipated. Do you owe him a draw?

Are there other complications with the build?

Get legal advice if you can't talk it out with him.

Sorry for your problem, but all renovations are NOT straight forward. It's a battle sometimes!

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Brian from Next Restoration in Rockwood
Date/Time10/19/2015 at 6:06:38 PM

For sure you can let him go. Hopefully the money paid equals the work completed.

Good Luck, sorry to hear your position.

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Date/Time10/19/2015 at 10:09:01 PM

I am very well versed in construction contract law. Depending on the wording of your contract, or the intent of the contract I would suggest you fire your contractor (let him know your plans of course with a simple email or phone call) (remember no response is a very loud response in the eyes of the court) and hire another to complete the job. Then you can go after the original contractor for the difference spent to get the job complete. You may also be entitled to compensation for not having your "space" available to you as per the original agreement. In civil court when it comes to construction the judges role is to make sure the wronged party is made whole. In this case that is you having your renovation complete in a timely manner.

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Date/Time10/20/2015 at 1:04:31 AM

If you have a contract write a notice of default he then has ten days to act or contract is null and void in your favor, otherwise it could work to your disadvantage and let a lawyer look at it.

I just hate to see that happen, it gives all us good guys a bad name having idiots like that in our trade.

Hope that helps.

Ken

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Joel in Calgary
Date/Time10/21/2015 at 1:41:39 PM

Thanks for advice everyone very helpful indeed. I re read my original post here and feel I must clarify. What I meant to say was the contractor comes and goes sometimes work for only 4hrs one day than gone for rest of week. I spoke with him as per advice, all I'm really getting is excuses and a promise to finish in time. Well...since our conversation Monday, they did not come out yesterday as they are waiting on counter, there is other work that could be done though, like doors hung, lights installed, porch and deck finished. From my perspective they are not utilizing their time effectively. I found my agreement which has s more of a quote than a contract, though it does state that the due date is sept 30. My storage costs are climbing as is my rental. Lol....stay tuned, I may be posting very soon a request for someone to parachute in and finish this job for me. As much as I hate to say this I found this contractor off this site. Anyways, thanks again all, your help is greatly appreciated

Joel

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