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dmsikkema

Builder Not Finishing Work

11 years ago

We hired a contractor here in Santa Clarita California to do our hottub/backyard and deck on the back of our house. We paid him most of the money -- not intentionally, but because he nickeled and dimed us, and we paid for our materials directly to the supply companies, so we lost track of exactly how much we'd paid until I took every payment and found out we only owed him about $4K out of our over $80K total. He argued it saying we had to give him more money to pay for materials up front, until we put in a spreadsheet showing every payment, and we even agreed to pay a couple of other items that were actually not in any contract. We started October 1, 2014, and were told our hottub/backyard would be done by Thanksgiving, but then it was pushed back to Christmas, and we finally used the unfinished hottub in early January. We had some design issues at first, and we were indecisive about some things, so some delays were our fault and expected, but now it is August 13, 2015, and it still not finished. They destroyed what was left of our lawn during the construction and planned to replant (well, with the drought, that won't happen now). They left construction materials everywhere for all this time--ladders, piles of concrete, lumber, etc, and my husband finally told them to come and clean up all the junk from our back yard (which they did), but he quit answering our phone calls and texts, and we only owe about $2k, but there is about $15K worth of work still to be done. He painted the deck using materials other than what we agreed upon (lifetime paint vs Home Depot), and they put down 10 low-voltage LED lights instead of 15, and many other things were only done halfway. Our deck has no iron handrails, so we can't use it, and he said they'd return to paint it with the paint we agreed upon. The carpenter dented our grill and there is damage to some of the pavers from the workmen, so we put off purchasing nice lawn furniture until the deck was finished, fearing it would be damaged also, so we can barely enjoy the back yard, and we can't use the deck at all. Are we being unreasonable to expect this to have been done by now? Is it time to sue?

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