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bdslack

I think I have learned the best way to resolve contractor disputes...

10 years ago

This might be redundant to some - and silly to others - but to us it was a life changer.

We are done building the house and had some final issues. The builder was long gone and really not helpful in getting the final punch list done with the contractors - and they had a long list of excuses about why everything was not their fault etc. We also had other subs in finishing radon mitigation systems etc. that always ended unfinished or not working.

I have several lawyers in the family and they taught me the art of the "demand letter". The name is a little misleading. You basically write a simple nice letter with factual information about your experience and what you need done to satisfy the situation. No threats - simple and factual. I learned is that it is best to FedEx the letter to the owner of the company. It will be the first thing on his desk and almost never opened by the secretary.

What was a never ending phone battle to get contractors back on the job turned into an instant phone call and a guy at the house in 48 hours.

Basically if you are going to sue someone in court it is necessary to write a formal letter and get confirmation of receipt (aka FedEx or registered mail) to explain your needs so that when in court you can prove that you made a valid attempt at working with the company to mediate the situation before filing paperwork.

What the contractors see is "crap - this guy must be a lawyer - I know what this means - get somebody out there ASAP". Easier than complaining online - faster than complaining on Yelp or Angie's List - and much more effective. We have used this about 4 times and have saved countless hours and frustration. Plus there is no reason to get angry or yell at anyone over the phone to express your frustration or make demands that put you in a position of being the "bad guy".

Hope this helps anyone stuck in a situation that you can't seem to get resolved.


Here is a guide to writing one: https://www.legalzoom.com/articles/the-dos-and-donts-of-writing-a-demand-letter

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