Software
Houzz Logo Print
ejpinkc

Contractor won't speak to adult children regarding quality of job?

10 years ago

My parents had a bathroom remodeled, and the contractor did an absolutely horrible job, and is clearly not able to do the work. I attached a few photos of his "finished" work. He has sent my parents several letters insinuating that their complaints are petty and unwarranted, and threatening a lawsuit. He refuses to speak to myself or my brother, (we've contacted him at our parents' request, and they left him a message stating that they wished for us to handle the job). He's citing confidentiality as the reason he won't speak with us, and stating he could lose his license if he does. Is there some sort of requirement that he only speak directly with the homeowners? Like some sort of HIPAA for home remodelers? This is his claim.

Comments (9)

  • 10 years ago
    He may be taking a broadly expanded view of what's in the contract which is, I am assuming, between his company and your parents. I'd guess, though I am not an attorney, the quickest away around that is to have your parents sign a power of attorney for this remodel giving you the authority to deal with him. You might want to check with a local attorney.

    The work he has done is abysmal. Hope your parents haven't paid him.
    ejpinkc thanked Longbranchstitch
  • PRO
    10 years ago

    It sounds like he's a bully who finds it easier to bully seniors rather than more forceful adults.

    The way around this is to have EVERYONE in the same room and then have your parents state that you and your brother are to take over the project...and then have your parents LEAVE the room. Having a letter in hand (everyone gets a copy) stating that you and your brother are to be considered "the client" when it comes to the negotiations will come in handy. This does NOT need to be written by a lawyer. Simply having it in writing and signed/dated by witnesses (someone other than your parents and you and your brother...a neighbor is fine) is all you need.

    Once the "confidentiality" thing is off the table, the bully has to speak with you....if he wants the rest of his money. You can always withhold final payment.

    And this work is horrible...just so you know. It will cost more money to fix it because the "wrong" has to be removed and something 'right' has to be done to it.

    I'm going to guess it is worth it just to walk away. This person is a small time "fix it" guy who decided to charge people for his "handyman" designation.

    ejpinkc thanked Cancork Floor Inc.
  • PRO
    10 years ago
    last modified: 10 years ago

    Switch to written communication only. Write him a letter specifying your complaints and request that he provide written plan to correct the issues within 7 days (10? 14? whatever you think appropriate). Put in a paragraph that you children will be the agents for completing the project and have it signed by both parents and children.

    Get your paperwork in order and write him letters in response to his letters. Include photos of issues and reference relevant codes or industry standards as needed. After you have your file in order, call his bluff and tell him to go ahead and file the lawsuit. You may wish to search court records to see if he has filed lawsuits against other customers or has been sued. In my area, it is a quick, free online search. Most people who threaten to sue rarely follow through when they figure out what it will cost (time, stress, money) to pursue a resolution through the courts. Filing fee in my jurisdiction is $314 for cases of $10-50K and up to $274 for small claims (10K max) so it isn't trivial

    Were there permits pulled for this job? Do you have license and insurance information for the contractor? Every state has different laws on such matters and some are quite strict so it is time to do some research.

    ejpinkc thanked Linda
  • 10 years ago
    last modified: 10 years ago

    Have a group meeting., with your parents present. The finish looks like a dogs breakfast. Nah, they leave a nice finish. Make that a cats breakfast.

    ejpinkc thanked User
  • 10 years ago

    Thanks for the input!

    They did give written permission to speak to my brother and he's doing so by email. I'm going to let him handle it due to a personal connection with the contractor's family (banging head on wall now).

    He claims he could have lost his license if he had spoken with him without their permission. Is there a basis for that claim? Some sort of "HIPAA" for contractors? I can understand him not being legally obligated to speak with someone else, but stating he could lose his license if he speaks with someone else (plus several other claims he's made) sound like he's making up fine print on the fly just to be evasive.

    Fortunately, they only paid him a modest deposit, and my mom (who has a perfectly good memory) doesn't remember signing a contract, and he hasn't produced anything signed. We requested permits, proof of license, insurance, receipts for the materials he claims to have in it (it sounds very high), and I think that's all.

    I think he's blowing smoke and, as stated above, trying to bully them. His response when she first pointed this out was making it sound like she was insanely picky. We actually think he may be vision impaired - it's seems like the only explanation!

  • 10 years ago

    Ethically impaired, more like.

  • PRO
    10 years ago

    TribTrek is probably right on the money but viisually impaired might not be completely wrong. I have seen guys who don't even realize how much the quality of their work has slipped...literally, they don't see the problems. I realize it isn't likely in this situation and I'm heading off sideways, but the real reasons sometimes aren't as obvious as those you see at first glance

    I've seen several guys in that needing longer arms stage (mid 40s for lots of people) who don't yet have the glasses and aren't as accurate as they should be. As their eyesight falters, the work does too. But, those guys will insist that they don't need glasses...yeah, right. My partner had a rough time getting used to wearing glasses full time and he would get upset with his own work when he forgot them at home. Then we found a local source for bifocal safety glasses for $5/pair and I don't mind buying a spare pair to have on site. Plus, I don't have to bitch when I see people working without safety glasses

    If that guy doesn't have a signed contract, he knows his chances in court are very slim so he's definitely trying the bullying strategy as his other options aren't likely to be successful. He loses a lot of credibility when he appears in court and says that he didn't ask his clients to sign a contract.

    ejpinkc thanked Linda
  • 10 years ago

    Linda, those are good points.

    ejpinkc thanked User