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  • Threatful Contractor

    Ok, here are a few things you need to do for sure:-Take pictures of the current situation of the house, as many as needed, showing all the relevant areas, with dates on them. -Contact the state contractors association (where your contractor got his contractor licence) and tell them about this situation. Also get their advice-Look at your contract between you and him. What does it say for: schedule? extra work? completion of the work? payments? It would be very helpful to you if it stated a date of completion and payment terms. -Do NOT pay him anything more at this point, let alone all the cost before finishing the house. The moment you pay him everything, he has the advantage. It may be regarded also as if you are endorsing what he did so far. Don't do this. He is blackmailing you. -Get at least two other local contractors to give you an estimate of the remaining work by coming to the site. Dont worry, they should give you a free quote. And you will have a much better idea. Also ask their opinion on the current situation. If you proceed with them later, in your agreement make it based on a dolalr amount that will not change and a scheduel that will not change. State this in your contract. State payment terms based on completing certain milestones. -Send your contractor a written notice, stating all the things that went wrong, with dates and demand that he return to work immediately. Tell them that failure to do so in xxx days, will force you to hire another contractor and the costs will be deducted from his contract. This way you are putting him on notice. Send this notice via email, fax and a certified letter. (many cases either will do, but just to emphasize your point). In your email, letter and fax include the pictures you took as an attachment. He has to know you are serious.-The extra area he built, is also smething against him, as he deviated from the plans and contract documents without your authorization. Remember that some contractors like to take advantage of nice people who prefers just to pay him what he wants, and get rid of him, instead of fighting. Here it looks like you have a case. Do NOT get intimidated by him.After doing all this, calmly call him and ask him if he is going to comply. Tell him that you do not want to make this a legal issue and want to backcharge his contract, but if he doesnt comply, then you will. Remind him that you already offered him a more than fair deal of paying him extra. Actually before you call him, after seeing your written notice, I am sure he will call you and try to intimidate you once again, so you can tell him these... You can also tell him that you will complain to the contractors association. My guess is that he will take the deal you offered to him before, because even that looks like giving him more than he deserves. In my opinion, you dont even have to pay him that much extra, as you offered him before, but it is up to you, if you want to end this here. Definitely call a construction claims lawyer, make appointment for a consultation (some can even do this for free) and show him the contract, photos etc.. and get specific advice from him. The information here is to give you general idea only, without knowing your contract or other specific information and seeing the site. Act only after you consult the claims lawyer.Remember to pay him AFTER he finishes his work, at least the majority of it, even if you work out a deal with him. Make sure the deal you work out is in writing and be as detailed as possible, stating the absolute max amount remaining to pay him, with payment terms. Pay him everything only after you accept everything to your satisfaction.
    This article was originally published in forum thread: Threatful Contractor started by Ashok View original post
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