What a nightmare! I would call the contractor's board for advice. Tehnically he (or his subcontractors) can put a lien on your property. I'm so sorry you have to go through this!
I went through a very minor problem with a contractor once (he tacked on major charges & changed the contract price w/o my consent). My contractor's board told me to pay him in full or he'll threaten me with a lien. I paid him, then documented EVERYTHING and filed a complaint with the contractor's board. Took awhile but they ruled in my favor. His bond company paid me back the money I overpaid.

I am not sure about withholding because of a time limitation if it was not in the original contract. Bonuses for finishing early and penalties for finishing late are typically in commercial projects but not residential ones.

This has to do with the financial losses a commercial firm can have if a project isn't finished on time. The other aspect is that with the inclusion of this in a residential project you run the risk of someone hurrying the job at the end and doing even more sloppy work. Many commercial projects don't have quite the same finish criteria that you might have in your own house. Take a look at fit and finish the next time you stay in a nice hotel. The lifespan of a typical commercial project is about 7-8 years so standards are not as precise, it seems.

You may end up taking this to arbitration. I am sorry you are going through this.

You could try writing up a summary of the money you have paid out (to him and his subs and the replacement cabinet person) and his agreement that you would fine him for additional late days, and get him to sign it. I wouldn't withhold money without a written contractual basis, ideally in the original contract, or in something he has signed. The idea above of paying him and then filing complaints is a good one as it protects you from liens.

Thanks Jill. I'm calling the board NOW.

If you're paying the subs directly which sounds like a good idea, keep records, get receipts, and get lien releases from all of the subs that you paid. I agree that you probably can't impose time penalties against the GC if that isn't in the contract, but don't pay him for any work he hasn't done or for things that you paid for directly. Keep good records. You may ultimately need a lawyer to sort things out for you, but you can try offering him a final payment for what you honestly believe you owe him on the condition that he signs a lien release for you. Good luck!

we do substantial completion payment releases. Basically we inspect the work and if there are parts not done, withhold that % of the project. This is 100% legal, even if it isnt spelled out in the contract. The contract will state they will do X amount of work for $X. if it all isnt done, you do not pay $X. However you would be obligated to pay up to that, providing it passes your inspection. This is one big reason I recommend the home owner does GC work for renovations such as this. You save money, and typically things are done faster and correctly. The communication is between you and the subs, not you---GC---subs. 50% of the time that info is lost/messed up between gc---subs.

melissa

Sorry to hear about your contractor woes

I don't believe you legally can pay subs direct since your contract is specific to the GC - paying them direct may put you in a compromising position legally & financially.

I'm wondering if you could carefully craft an agreement -perhaps under the guise initially as a "punch list". Put your requests in said doc - upgrade on drawer slides with a money amt attached - so that if he is not in agreement of install, he may agree to the price point deduction on final payout.
Regarding the 1/3 cabinetry - I would recommend due diligence in a fair market pricing on that. Perhaps the cabinet maker or another GC can look at your original contract & try to help with that figure. I would include that in the said doc.
It sounds to me like the drawer slides & 1/3 cabinetry are the biggest ticket items. While I don't diminish the anguish in having to deal with this for months, as well as eating out expenditure, I think that may be $ not worth chasing.

I would imagine the GC is most interested in his final payment then getting involved in a legal battle & risking his reputation. So the straightest line you can draw in getting what you want may be the best approach with this GC. As emotionally difficult as this is, keeping sight of the end game is what is in order. If the document is fair & equitable he is more likely to agree, and then GONE he will be.

I would use legal, Licensing boards, complaints as last resort as that will end up costing more time, money, mental anguish

Good luck - Hope you can enjoy your new space soon!

If you don't have a punchlist, that would be a good place to start. Make it very detailed at first and be prepared to negotiate some things away. This list provides a fixed reference as you go through the process of finishing this up. Be realistic, get everything in writing. Check your contract to see what you are allowed to hold back.

Getting this straightened out will require focus and patience, but it seems to be a workable situation compared with some we've seen here.

Thank you one and all for the good advice. I have contacted the state contractor's board to ask their advice. I have drafted up a receipt with a release from liability to use when making payments to subcontractors and I was already well on my way to drafting the punch list.

It's been nerve wracking and remains so, but I am keeping my fingers crossed that by the end of next week the worst will be passed: I'll have a functioning kitchen with most, if not all of the cabinetry installed, the tilework done and only things that can be done later (by others if necessary) still waiting.

I urge you to put all communications in writing from now on and include a CC to a third party to witness the action. Perhaps these two?

CC contractor's board
CC attorney general

We had a dispute with an insurance agent. This trick worked magic.

Melissa - I just want to say that you were not an idiot. It is reasonable to expect professionals to do their job in a professional manner or you would have DIYed it or hired your cousin and saved the money. Your gc is the idiot in this situation. The tough part is I am finding there is little one can do as a homeowner to give someone a kick in the pants. In our case, our gc is great but the architect is a moron. It seems like the system is rigged to protect their interests over ours. I can understand there are some deadbeat homeowners and I bet some good contractors can tell you horror stories about unreasonable people, but that does not mean you should be at the mercy of a gc's whims because you have little recourse other than to sue.

I am 45 and never sued anyone in my life, but will be suing our architect and contacting the licensing board and trade organization about him (and maybe BBB or anywhere else I can leave a "review"). If more people took the time to complain once their job was done, it would help the community avoid the bad apples. I know it would bother me to leave that step undone. There needs to be consequences for shoddy work and treating homeowners shabbily. Too often, people get so burnt by the process, they don't follow up.
Good luck and hope it goes well from here on for you!

I urge you to contact an attorney specializing in contracts immediately. State laws vary, and what may be good advice from someone in one state may be disastrous in another one. You want to be sure you're doing all you can to protect your interests and only an attorney who is licensed in your state will be familiar with how your state handles these issues.

You really need to call a local lawyer ASAP.
Personally there is no way I would pay the GC and just trust that he would pay the subs. One method I've heard of for avoiding problems is writing the check jointly to the GC and the sub, which supposedly means the GC can't cash it alone--the sub has to participate so the sub gets paid. I don't know about that, it's just something I heard.

My preference would be to pay the subs myself, after checking with the GC to confirm how much the sub is owed. If the GC doesn't pay the subs, you are SOL--generally the subs can file a lien against your house even though you already paid the GC for them.

But you've got to check with a lawyer before you do anything... certainly before you pay the GC.

I am so sorry you have to deal with this. You are not alone! I also have had many problems with sub-contractors and gc's to the point of going to the state contractor board twice. Both times they ruled in my favor. However, it was a miserable experience. Hang in there.

Live Wire Oak & Ideagirl2 & Rockybird have said it best.....

Go Legal - but WITH an Attorney driving your ship through "legal waters" - NOT YOU.....

I work as an industry expert witness in the Natural Stone Industry, and I can tell you from 26 years of doing what I do, is that you do have a case, but you can very easily derail any chances you have of actually WINNING - if you attempt to do this "DIY" style. You need an attorney to help you on this....

IMEO - You have a contract, and IT governs how your GC gets paid by you, USE the contract language and any clauses or exceptions that would influence what you want to do (retainage & withholding final payment, cancelation of contract, penalties, etc) - to YOUR advantage, however - IF your GC wrote the contract that YOU signed, it's (your contract document) prolly written in HIS favour... :-(

You can start this process by re-reading EVERY STINKING WORD of your contract, and start identifying ANY conditions that effect final payment - or penalties that would be visited on either party for "non-performance" as an example.

Get with a real live attorney before you do ANYTHING else. Don't go inventing reasons to withhold monies (even if your reasoning is sound and 100% logical - and 1000% ethical) - if it's not LEGAL under the contract agreement that you signed with your GC - YOU CAN'T DO IT AND WIN IN A COURT OF LAW !!!

Consult with an attorney that specializes in contract litigation and spend the money for an hour's worth of advice..... it'll be money well spent to help you find a solution to this issue and help you wake up from the nightmare you've been existing in....

The good news here is this: You DO have some Options - but they will ONLY be effective with the skills of an attorney that is better versed in these matters than you are - unless you happen to have a "doctor of jurisprudence" degree laying around in one of your drawers or shelves ! LOL!!!! If you do, then you don't need my advice! HA!

Remember this going forward -

"What's RIGHT and what's LEGAL are often too completely different things"

hth

kevin

Good luck. I agree at this point you need an attorney. My DH does real estate-related litigation, so he deals with contract issues, poor performance by contractors and subs, non-payments, etc.

You can contact the firm who did your closing, they may have someone there or can give you a referral. Or else contact your bar association for someone who specializes in real estate litigation.