So I hired a contractor for a remodel for my house. The contract states he is to be done in 40 days. That date is Aug 10th 2018.
And if he isn't done by then he is to pay back $100 every week that isn't done. So it's been about 3 months now. He is late, sometimes he say he will be here this day and he doesnt show up, or if he even shows up he stays for maybe 2 to 3 hours or less. Sometimes he'll send a crew to do something but that person doesnt even know what they are doing. One time he had some guy come paint my living room and that guy smoked in my house while he was painting! Then another time he had this dad and son come do some trims in my living room and all they did was argued all the time they were here which was only about 2 hrs. Some time I won't hear from him for days and when he does text back he'll say he will wrap it up by that week and he doesnt . Then he'll be mia for days after. So last week (1st week of Oct.) He said he is finished with the other house said he will finish up my house and be here Tuesday (oct 9th) all day to finish my house. Well he didnt show up. And I told him that he needed to finish by Thursday.
I did give him a week after he had his child to stay home with his newborn. And I didnt even charge him the $100 a week after because he gave us some extra and he was a cool guy. But we did start charging him again about 4 weeks ago.
My question is can I fire him now? I have not paid him the rest of the money. Can I fire him and not pay him the rest of the portion.
I even gave him half of the last portion of the money because he said he was running out of funds. I dont want to pay him anymore and I him to not come back.
There is still a lot he has to do and some retouching. He keeps saying it will be done this week but it never is.
Can I just fire him and keep that last portion?
You can send him an official firm email says if he did not come and finish all remaining work as per contract and to the best of a workmanship within a certain period of time (state an exact date), you don't have any other choice than terminating the contract and he will be in fault. Based on this you will use the remaining balance to cover all the expenses that need it to hire another contractor to finish the job and you will bill him accordingly for any extra you might has to to pay to the other contractor to fix his work.
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