Contractor with excuses

11/14/2018 at 5:38:33 AM

Hi,

Typically a contractor tracks the ongoing progress of his project, and identifies any potential delays in the future, either being the weather, trades, or his work schedule.

You and your contractor should discuss a possible termination agreememnt, and get rid of him if you want your project done by xmas.

Hope this helps

11/14/2018 at 6:09:44 AM

I've heard this too many times unfortunately!! Stop paying him immediately!! Try to get him in to finish if not cut your losses and move on, the money you gave him is already spent.

11/14/2018 at 6:18:30 AM

Hi Christina,

Make a completion list of what you may think needs to be completed and also what you have paid to date. Sit down with this contractor and give them a final chance to finish the basement with a scheduled completion date and redesigned payment schedule to suit.

If you feel that they aren't going to comply, terminate the contract without paying anymore money and find a reputable contractor to finish.

We would suggest getting several other prices as some contractors may be hesitant about finishing someone else's work.

I would also find out if there has been inspections from the ESA (electrical safety authority) for electrical work.

11/14/2018 at 7:13:30 AM

This happens some times, not always what we want to happen, but be certain there is an ESA permit for the electrical work done by an electrical contractor. If there is no permit, contact the ESA immediately and have them visit your home for an inspection.

An electrical fire in a home is the last safety issue you want to be concerned about.

This could end up in court and stacked against him if there is not.

Always get a Licensed Electrical contractor and check their ESA license and information.

Home owners can never get permits for a contractor.

11/14/2018 at 8:36:54 AM

This is a hard one to answer. not knowing all the facts, it is very difficult to make an appropriate call. Hopefully before engaging your contractor, you took the time to obtain some referrals and checked out their work. I am also hoping that you have a contract signed with your contractor and that the contract clearly stipulates what services they will be providing and at what costs.

Things can happen during the construction that can cause delays and also can be out of the contractor's control. We are hoping that your contractor is being honest with you.

For example, they could have chosen to use a plumber who at the last minute decided not to do the project .Your contractor would then have to find a different plumber whose price would be in the same range that he had budgeted for. If this has happened, I would think that the Contractor advise you, at that time as to what had just happened.

At this point, I think that I would arrange a meeting with your contractor and explain how you feel. Listen to their reasons for the delay and judge for yourself if you feel that he is being honest or not. If it is the later, then after the meeting prepare a letter outlining what was said in your meeting and explain that if the work can not be completed in the said amount of time then, legal action will be taken. Although you might feel this is an overwhelming task, going through Small Claims court is not as complicated as you might anticipate.

Hope this is helpful.

11/14/2018 at 8:51:50 AM

Do you have a contract with them? Everything must be in writing to protect both parties. If you paid up front you might want to ask him in writing to complete it within a set timeframe or you will be forced to fire them and Sue them, that might help or hinder you but it sounds like you have been more than patient, and giving them one last chance to complete the job may be all it takes. I wouldn't pay them another dollar until it is finished, tell them that in writing. If they do not comply you may have to fire them and take them to court, if you have enough written evidence supporting your timelines, costs, and expectations. Getting money from a crooked company may be hard though, best to try diplomacy first.

11/14/2018 at 10:37:31 AM

Hello Christina'

Before any reputable contractor can give you a reasonable answer, we would need a lot more information and preferably someone inspecting the work completed to date.

You have stated "There is always a convenient excuse; a death, or illness" I am concerned your reference to a convenient death may be a little flippant and not a positive step towards a resolution. If there has been a sickness that has resulted in a death, your project will be delayed, no matter how 'great' the contractor is.

You have also stated the price has increased because of "upgrades". What are these upgrades? Did they require engineering, a revision to the building permit, additional pricing and award of sub contract process, scope of work change? Any of the above can cause a delay. If your upgrades triggered a development permit process it can takes months to a year to process depending on your city / municipality.

Do you have a written contract? Did you check a few references of the contractor.

What are the written procedures in your contract in regards to time line, change orders, scope of work change process, etc?

If all the details above are clearly laid out in your contract it should be a reasonable process to find resolution to the issue. As others have noted, start with a sit down and review of your contract. Try to put emotion to the side in this meeting to find a amicable solution.

If there is no amicable solution, then your contract should have a dispute resolution clause and you should adhere to your contract documents for that procedure.

Keep in mind - refusing to pay your contractor can result in a breach of contract putting you at a disadvantage in dispute resolution. The "stop paying & fire them" approach may not be in your best interest if you are seeking a amicable resolution. I strongly encourage you to seek legal advice before taking that approach.

11/15/2018 at 8:58:37 AM

You have to set a serious meeting with him, write down all the remaining items in a piece of paper and final firm compilation time which would work for both of you, sign it and follow up with him on a regular basis during the work in progress to make sure that everything will be done based on this agreed items!

11/15/2018 at 12:33:45 PM

Hi there...

Without discrediting your contractor of choice........he may have too much work on his plate, and/or having money problems to buy the next required materials, including some of the extra work you paid/pre-paid.

Since you claim you overpaid to date, you are in between a rock and a hard place and have to convince your contractor to catch-up.........

And this might be a hard/impossible job.

Gerard Schoeman