Contract question

[Bob Weisner]

Hi:

Does anyone know if a homeowner has any recourse in a case where a contractor was paid in full for a job , but the contractor did not finish the job? The work that the contractor was supposed to do, was done by another contractor when the first one did not finish it. Now, the first contractor got paid in full for work he did not do. The 2nd contractor got paid for their work. The contractor that did not finish the work is refusing to pay the homeowner back for the work he did not complete.

any suggestions?

Thanks,

Bob

[Randy Moore]

Bob,
I would take the first contractor to small claims court if it is under whatever the limit is in your state, in kansas it is $500.00, or sue the contractor for the money and ALL costs. You should be able to talk to an attorney for first visit free. I would also write and call the BETTER BUSINESS BUREAU (sp). I would tell all my friends about this contractor. Leave a paper trail to document everything you say, send or do concening this contractor.
Let us know how things turn out.

Randy

[Jerry Olexa]

Randy gives excellent advice. I think its most important also that you let the 1st contactor know that you are serious and plan to pursue this aggressively. Often, the inclusion of an attorney is enough to get some action but be careful of fees. Try to get a set fee upfront.

[Howard Norman]

In addition to the advise you have already received I would recommend that you contact your state agency that regulates contractors. I am sure that it varies by state but that could be a good leverage point.

Howard

[Bob Weisner]

Thanks for the replys!

When the first contractor left the job, he did not come back for over 2 MONTHS!!!! :mad: :eek: , then came back to "finish the job"! :rolleyes. We still need to have a new roof put on, but how do you install a flat roof when there is almost a foot of snow on the ground and the air temperature is less than 20 degrees?

Thanks,

Bob

[Dan Mages]

From experience, you should always insist on a time penalty for contracts. If it is not done in a certain amount of time, they are docked x% of the final price. If they do not show up for x number for days or weeks, you consider the contract null and void and no payment will be issued. Exemptions can be made due to legitimate reasons, such as family emergencies, weather, etc...

But to answer your original question, all contracts are made up of four basic components; sound mind, legal right, an exchange of goods or services, and and mutual agreement. I won't go into the details, but the contractor violated the exchange portion of the contract by not completing the work and probably broke the contract. You can read more here... http://en.wikipedia.org/wiki/Contract

I am not a lawyer. I took a class in business law in college. Oh, and I stayed at a Holiday Inn Express last night. :rolleyes:

Dan

[Jim Becker]

It sounds like there was no "hold back" on that deal...about 10% that is not paid until completion and sign off.

[Steve Knowlton]

I Would Contact The Builders Board In Your State. They Could Tell You How To Proceed. Most Contractors Do Not Want To Get Them Involved.

[Dave Moran]

Bob, In Maryland there is a Md home Improvement Commision where all contractors are licenced, the commision requires all contractors to post a bond, that is used to pay a second contractor if the first does not complete his work or fulfill his warr requirements. They can, but seldom, pull their licence so that they can not pull permits for any additional jobs as well. Also once the bond is used, they must post an even bigger one for a period of time just in case.

Good Luck