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Can I request a subcontractor be fired?

17 years ago

I am posting under new construction, because our addition is completely new construction, turning a window into a door to a hall to 2 bedrooms, and a garage.

I ended up writing a lot, so I will add my main questions at the top so folks can skip the rest if not interested in all the details:

The sub is a licensed electrician with no prior complaints I could find, and a previous 4 year history of good work for this GC, who is also licensed and came with good references.

1)Can the homeowner request a sub be fired? (for poor quality work and unprofessionalism incl disappearances for over a week more than once, raising costs without explanation, rudeness when asked for explanation)

2)Is the GC responsible for hiring and paying a new sub to finish?

3)Who owns the "as built" plans(house electrical plan with his extra notes of what he actually did which is important due to his mistakes and redos to bring his work up to code)? (the sub is refusing to turn them over unless we pay 250$)Sub has already been paid for work he has not even completed.

4)If the GC paid the electrical sub before the work was done, and a new electrician has to be hired and paid so the same work is paid for first twice, who is responsible for the extra cost?


I am wondering if anyone knows my actual legal rights on this. We are getting close to done on a new construction garage/2 bedrooms. The electrician was hired by the GC and has been repeatedly unprofessional argumentative and rude, and has not finished making his work up to code.......I will not go into more detail unless interested. I previously posted under electrical wiring about the problems if anyone is interested. And things have only gotten worse since then.

When we told the GC we were not comfortable having that electrician return due to yet another round of problems, the gc said he would take care of it. He told me to get another electrician to give us an estimate to finish the job, which I did (1500$ for what he est to be 2 days work, incl supplies) But when we started talking about who pays the new electrician, the GC says there is no electrical budget left, he has paid the other electrician already, and he believes he would have done the job up to code for that price. And he says his electrician tells him there are only 4 hours of work to do anyway. (We have seriously considered saying the electrician can finish if the GC supervises him the entire time, but there have just been too many problems and we are afraid he would do things poorly to get back at us for requesting he not return, and it is probably more like 3 days work)

Which I think is another example of the first electrician's dishonesty.....here is my quick list of what is left 4 ceiling fans assemble/install, 7 garage fluorescent lights install, 6 outdoor and indoor sconce lights install, 4 smoke detectors install, 14 outlet covers, multiple switch covers, 4 cable outlets wire just sticking out now, 4 cat 5 outlets wire just sticking out, cooler controls/power wires sticking out now, subpanel box is there, but no circuits are in and power has not been run from the main panel, and then power still has to be run to the closet where there is a fat bundle of wires needing to be connected, 220 power in garage where wires are just sticking out, fix rebar/ground per inspector, move fat conduit he ran over roof from in front of the clerestory window(DUH)and the conduit is not complete, running the cable and cat 5 over 100 feet across the roof and tying in. There is probably more. Not to mention the final inspection and any corrections which are likely given his history here.

After doing some thinking, my husband and I believe that we should not be the ones to hire a new electrician. We are already afraid the first part of the job is not to code and of questionable design/quality. We do not want an electrician we hire to be responsible for future problems due to the first guy. And the GC to not be responsible since we are the ones who hired the new electrician. I have also discovered more problems such as our existing phone line/cat 5 and cable in the room next to the addition is not working. And I want the GC/first electrician responsible to fix it since some part of their new construction has somehow damaged it.

The GC has been really reasonable on everything other than the electrician. He admits he was unprofessional for awhile but seems to believe he is still capable of finishing the job. We have asked the GC to come walk through what needs to be done to show him there is no way it can be done in 4 hours, and we are not the ones being unreasonable. Meanwhile the electrician is refusing to turn over his "as built" plans to the gc showing where /what wires he ended up running. And this is after he has been paid for much more of the job then he has done. And he is not returning the GC's phone calls who is trying to tell me "he must be busy on a job."

This is the first week in this 5 month project that I am losing faith in the GC, and I think he is avoiding us, and his tone of voice sounds different. I told him we want to walk through everything and see what needs to be done and talk about it. He said he'd call about this weekend when we spoke Friday, and I haven't heard from him as of late Saturday. I am wondering if part of the problem is that I also am asking for our final expenses itemization and I am guessing he has been running numbers and may be discovering he is way over his expected cost after being so far off on his time estimate and is making less than he hoped. And I am asking for a calendar of what needs to happen and when it will be done. (This was supposed to be an April-June 31 job, so I figured we would be done by July 31, never imagining going past the kids starting school at the end of August) And it is not clear when we will be done. With one guy here working, and not every day, I will be surprised if we are even done in a month.

The other electrician we were going to just pay, then worry about trying to get reimbursed later, and he was going to do the job next week. I went ahead and left him a message today to put the job on hold til we work out who is responsible, so the problems and work to be done are not fixed by the time the GC sees them. (I left on the message I would be happy to reimburse him for his time and effort for the bid since we spent an hour walking around to see the job, then he had to get put time into the bid itself)

We still owe over 1/3 of the total cost, and the total amount in question including electrical and changes is under 5k. Which is a lot. But certainly negotiable.

Sorry so long, it is such a relief to just get it all out and get feedback on if I am the one being unreasonable, and why, and what usual job/industry standards are. If the GC would just come over and talk I am pretty sure I/he would be reassured, but his avoidance makes me think of the worst case possibilities.

Thanks for your experience/knowledge/ideas about what is right!

Comments (12)

  • 17 years ago
    last modified: 10 years ago

    I cannot determine the State in which you reside. I do not know for sure that all your personal perceptions are accurate, they may well be. In NC, the State Board of Examiners Of Electrical Contractors has field representatives who will come and investigate claims such as yours. They can suspend/revoke licenses, levy penalties up to $10K, bring criminal charges. They will make sure your job is right. But they will back a contractor who work is proper. Check with the similar authorities in your State.

  • 17 years ago
    last modified: 10 years ago

    I had a similar experience. Even after I told the builder he better watch over the sub, the work was shoddy. I got the builder and sub together and gave, you know what, to the sub. After the altercation, I TOLD the builder that sub was not allowed back on the property. The builder finished the job himself,and did a much nicer job than the sub could ever think of doing. You own your own project, in my opinion. I believe in the Golden Rule when hiring people----he who has the gold, RULES. You've contracted for a certain price. Shoddy work shouldn't cost more money to fix on your part. The GC hires the subs--let him deal with the headaches of bad choices. Sometimes, you have to be really demanding when "nice" fails to work.

  • 17 years ago
    last modified: 10 years ago

    Thanks for the replies.

    Anyone else have difficulties over asking the GC to replace a subcontractor?

  • 17 years ago
    last modified: 10 years ago

    I didn't read the entire post, but I did request a subcontractor be fired. Well, actually, I believe I said "he's not welcome back on my property." I would have no difficulty requesting a different sub if they were not performing satisfactory work (as determined by my husband and myself...not the GC), if the work was not to Code, if they did not perform the work in a professional manner, etc. However, the conversation with the GC would be, "We are not satisfied with the work that has been performed to date. We will not accept it (ie, pay for it) the way that it is now. We would prefer if it was completed by a different sub as we do not have confidence that this one will be able to rectify the mistakes and complete the project properly."

    BTW, the reason that I said our sub was not welcome back was because they worked for an entire week on a specific area of our house(not kidding...4 whole days!) and did it wrong! I told the GC and the sub for all 4 of those days that it didn't look right, but I was assured, over and over again, that it was correct. Well, sure enough, on day 5 I arrived to find them ripping it out because "we miscalculated!" When I questioned why they didn't listen to me for the last 4 days (or at least, I don't know, use a level and a measuring tape before cutting), the response that I received from the subcontractor was a roll of his eyes.

    Good luck. It is hard to replace a sub once a substantial amount of work has been completed. The GC has to find another sub who is willing to pick up the project and warranty it, etc...not that easy.

  • 17 years ago
    last modified: 10 years ago

    "The GC has to find another sub who is willing to pick up the project and warranty it, etc...not that easy." This is very true. Once the new sub touches the job, it then is his "baby" in it's entirety. There is a likelihood that the new guy will not find all the shortcomings of the previous sub. This scares everyone, especially the new sub. And this is especially true for electrical.

  • 17 years ago
    last modified: 10 years ago

    Ditching the old sub and getting a new one in is going to cost you more money. You must be ready to pay the new sub what ever he wants to do the job. It is your decision to get rid of the old sub so it is your responsibility to pay the new sub his price. All most any sub coming in to a job in the middle is going to charge as much or more than the first sub. One it is a teach you a lesson thing and two they are guessing that all the work must be replaced.

  • 17 years ago
    last modified: 10 years ago

    dumaspup, not if your project is fixed price on an AIA form.

    We ended up banning a sub from our job. We had cause, so it was the GC's problem and cost, not ours.

    To the OP, it's all about what your contract says.

  • 17 years ago
    last modified: 10 years ago

    Your rights depend on the contract between you and the gc.

    Usually, I'm building on my lot with my money and the "homeowner" owns nothing till the day they close and has no say on whom I hire--only the results. I don't even allow them on the property, except at specified intervals.

    If the lot is owned by the homeowner and he's paying the bills as they come, it's a different matter. If the client were so involved after one week of construction that he was adamant on firing a sub for not doing work "properly" and a "bad attitude" and I disagreed with that assessment, I would reconsider my commitment. If the homeowner is such an expert, they should be their own gc and fire me. Please!

    I've had the reverse situation, where the client wanted their own subs and I've usually not allowed it. Where I have allowed client choice, beyond cabinetry and security systems, I've deeply regretted my leniency. I've been stuck with less then competent fast-talkers. (Hey, I can usually find those guys on my own!)

  • 17 years ago
    last modified: 10 years ago

    Hmm...interesting view. Why do you seem to assume that my GC disagreed with my assessment? There have been 5 areas during our build that my husband and I have disagreed with the subs on the way something should be installed (plumbing, electrical, exterior trim, roofing and masonry). In all cases, the end result was that we were right and the "professionals" were wrong. We are not typical homeowners. We are tremendously involved and are willing to expend enormous amounts of energy and research to protect our investments. Anyway, in this case (as in all the others), our GC was on my side. He was disgusted by the attitude of the subcontractor and enormously frustrated by their mistakes. Don't assume that just because I am a homeowner that I am somehow less than qualified to detect errors or to stand up for quality work. That sub cost me money in interest payments for that week of incorrect work (and led to no forward progress as well) and was then rude to me...I think I was justified in my annoyance. As to firing a GC who found fault in the way I handled that situation, let's just say that if you had signed our contract, you would not want to be fired.

  • 17 years ago
    last modified: 10 years ago

    Why do you seem to assume that my GC disagreed with my assessment?

    "He admits he was unprofessional for awhile but seems to believe he is still capable of finishing the job....
    This is the first week in this 5 month project that I am losing faith in the GC, and I think he is avoiding us, and his tone of voice sounds different. I told him we want to walk through everything and see what needs to be done and talk about it. He said he'd call about this weekend when we spoke Friday, and I haven't heard from him as of late Saturday."

    That sure doesn't sound like a meeting of the minds to me.

    there have been 5 areas during our build that my husband and I have disagreed with the subs on the way something should be installed (plumbing, electrical, exterior trim, roofing and masonry). In all cases, the end result was that we were right and the "professionals" were wrong.

    I don't doubt it. But if that's the case, why do you stick with your gc?? Or does he/she only follow your lead?

    Subs that delay, screw up and create their priorities are an unavoidable part of any build. On my latest project, I fired the siding company after two weeks of incomplete work, terminated the drywall company (and the drunken, drug-abusing taper he hired) and switched to a different railing company after the owner proved incompetent.

    As to firing a GC who found fault in the way I handled that situation, let's just say that if you had signed our contract, you would not want to be fired.

    What precisely does that mean? That you're paying an enormously high price? that you have a unilateral right to levy fees on the GC? Personally, if every time I turned around, the owner was second-guessing me I'd be happy to end the arrangement.

    Really, if you are so proficient in the art of building and have the time to be on site constantly, why aren't you gc ing the project yourself. Hiring a "gofer" might be a lot easier on you than sitting on the gc's shoulder.

    Best of luck!

  • 17 years ago
    last modified: 10 years ago

    Hi worthy!
    That first paragraph above was not me. I would never have posted a question asking whether or not I could fire a subcontractor- my rights on that issue are clearly defined by my contract with my GC.

    As to why we stick with my GC, that is a question that we have struggled with for awhile. Too long of an answer to get into on this site! You mentioned that you fired subs because of shoddy or incomplete work- that's all that I wanted my GC to do. He's too nice to the subs and doesn't demand excellence. However, my contract does, and he needs to meet my needs over those of the subs. Do you disagree with this?

    I don't second-guess my GC on every issue. Please do not think that is the case. However, if I notice that someone is installing something incorrectly and no one else seems to notice, should I stand by meekly and allow work to progress to a point where the mistakes do become evident? Thereby, costing me money and all of us time? My GC has actually been glad that I have better eyes than he does on some occasions. I'm sure that he has also been frustrated by some of my observations. Whatever...it's my money, my house, and my land. That gives me a pretty huge platform from which to observe and comment.

    I have become far more proficient in the art of building than I had ever thought I would (or wanted to become). I am only on site once a day...imagine the mistakes I'd catch if I were there constantly!

    Thanks for the best wishes...I just want to be finished at this point! Christmas of 07 is out now...maybe Valentine's Day for completion?

  • 17 years ago
    last modified: 10 years ago

    Sorry for mixing up posters!

    However, my last paragraph still stands.

    "He's too nice to the subs and doesn't demand excellence. However, my contract does, and he needs to meet my needs over those of the subs. Do you disagree with this?"

    Who would? In principle.

    As a builder, I'm almost always building my plans on my lot, so I usually don't have much intermediate contact with clients.

    The biggest problems with homeowners arise from their unfamiliarity with the process. They leap in with complaints, worries, advice and directions whenever an idea strikes them; and, of course, speak directly to the trades, or anybody wielding a handtool at the time.

    What could I possibly know after 30-years of licenced building and renovating that the carpenter's 20-year old helper or Uncle Louie doesn't know better?