Can I fire my contractor?

11 years ago

Due to massive amounts of snow here in Boston, my house had some serious water damage. Two bedrooms, both bathrooms and the kitchen were damaged. Six weeks ago, I hired a contractor to do the repairs. The only thing that has been done in 6 weeks is a waterproof membrane and a shower valve in the downstairs bathroom. Nothing else in any other room. Nothing. Phone calls to the contractor get me excuses and unfulfilled promises.

A neighbor on my street has the same contractor and has the same frustration with nothing getting done.

Is it worth it to call a lawyer to see if I can get out of the contract? I'd then have to either hire a new contractor or sub-contract out the work myself.

I'm at my wits end.

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Comments (3)

millworkman
11 years ago
What does the contract state about canceling it? This guy is licensed and insured correct? Who pulled the building permits? Have you paid him money already? What sort of time line is in the contract for completion?
geoffrey_b
11 years ago
I had a similar incident, years ago. I live in the Mid West and had a contractor all lined up to build a large, heated garage. Just after beginning the project, there was quite a bit of storm damage in near by states. All the subs took off to cherry pick that work. Unless you have some milestones and dates in the contract, you are probably bound by it.

I can imagine that there's quite a bit of water damage in many homes - so they took on much more work than they could handle. I would venture to guess all the contractors are maxed out. Firing this guy, may only delay repairs even longer.
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Andrew atKERR
10 years ago
You may find it most productive to insist on a face to face meeting with your contractor. Explain how frustrated you are but you still want him to complete the work, as agreed. Write out a schedule of work and have him sign off on it. If he fails to meet the timelines, there should be a financial penalty. Also, agree upon milestones for payment. This will motivate him to complete milestones in order to get paid; no work, no pay.

If you feel the contractor has abandoned the site. You can serve him with notice of intent to hire a replacement contractor. You have the right to hire another contractor to complete the job and deduct his invoices from the amount you own the first guy. If you choose to go this route, you are choosing a battle. You may want to consult a lawyer in your area as to how to go about this.