Yuck this stuff is always tricky. Are these code violations that were concealed in the walls that your contractor couldn't have known about until demo was complete? Those are unfortunately your problem. Or are they obvious issues they should have accounted for as part of the contract?

Wow!! Thank you! It's interesting because this contractor was vetted through multiple resources including home adviser, Angies list, buildzoom etc. and no, he never gave me the "right to rescission" info.

They are things like he didn't run power to my island (when I asked he told me that my island wasn't large enough or some BS), we have problems with a shower drain, a sink is installed incorrectly, the space for the toilet is too small, there is some questionable electrical work and the list goes on.

Ahh. You got a bum 'contractor'.

You have no good options right now. Stop all work, call your lawyer, and prepare yourself for a six month delay and a doubling of your initial budget with a new contractor.

I'm really sorry for your situation. Is this a remodel, or new build? We're the plans submitted for permitting followed to the letter, or have there been changes approved by you?

I would take the plans, and list of code failures, to a local attorney.

Thank you for the advice. We are really in a bad spot. Has anyone ever had first hand experience with this before?

Please provide a lot more detail when you get time.

What I would do would have a lot of "ifs" attached. Was the recent inspection close to or the actual final inspection? What was noted on previous inspections? How many subs are involved? Written scopes? Plans? Changes? You said that the price to fix the issues exceeds your holdback, but do you have any numbers from anyone but the current contactor?

In our projects, we've been able to work things out with a conference with GC, and or subs. it's important, however, to know where you stand legally. Hence, local attorney.

Doesn't help now, but a contract review by your attorney before major work begins can be very helpful. Again, I'm really sorry. Not a pleasant situation. More info will help, if nothing other than organizing your thoughts going forward.

Todd, as said before, can you provide more details. Is this a new build, a renovation? Was this an inspection on only what the contractor just completed or for a license to occupy? Was the contractor working from Architecture generated drawings and designs, who or how was the scope of work generated? It's a tough situation, I hope it gets better for you.

This is a pretty big renovation of a kitchen and two bathrooms. I brought the inspector in because we are at the point where a lot of finishings are being installed and things just looked wrong to me. Everytime I would confront the GC he would get very defensive and say things like, "I installed your sink wrong because Your wife didn't tell me how to install it" and "this is my smallest job so I can't give it much attention" among other more offensive things. We have had a TON of issues. It basically takes him 3 to 4 tries to do anything to a reasonable standard but we always felt like we were too far into it to fire him. Now, we are almost done and I'm being told that probably 40% of the work needs to be redone but I've paid almost the entire contract because we are almost done.

It is difficult to advise without more information. What was the contractors scope of work? Did you have a signed contract, detailed list of tasks, drawings? Is the person you hired a real contractor? Was a permit needed or taken out for this job or was an inspector called in after the fact.

Graham

Permits were taken out before the work. His business is licensed and he is on all the websites such as home advisor, buildzoom, Angies list, CSLB etc. HOWEVER, I called the CSLB today and they told me that he is actually not the license holder. I've never even heard of the person who actually holds the license.

That's a good question, Graham. Is this a permitted job? Or, are you on your own, without a city or county authority inspecting?

Yes! 100% permitted

So, your GC had been arguing around inspections all the way through? If so, I hope you kept notes for your attorney. Honestly, the toilet space should have been caught permitting, if you didn't make changes. Ditto, island wiring. at least in my area. What else?

We asked, because some areas are not so strict on permits for remodels.

The first thing I would do is call your State Contractors' License Board. These people are amazing. When I had to sue a contractor years ago, this board walked me through all the steps I needed to take to get my money. They were truly helpful. I first petitioned the Board to suspend his license, I won my court judgement and until I was paid he could not work under his license. If I was to catch him working, I could report him and he would either pay fines or potentially lose his license.

Also start taking lots of photos or video of the problem areas. Get affidavits from other contractors stating what is wrong and what they will charge to fix it. Best to do this before you are rushed to provide it.

Might want to start tape recording all your conversations with the current contractor. Check your State law for rules on this. You may have to start using your speaker phone to record, that way he is not assured of anonymity. This method means that all you have to do is tell him you are using a speaker rather than taping him.

You could also have a meeting with the Building Department Head to find out what can be done. They are there to protect you.

Is he licensed and insured? Whose name are the permits pulled in? Have you gotten lien releases for all payments you made to him? Have you documented all these issues with pictures and dates, etc? Was the inspector a local building inspector or a private hired inspector? If you are having this much issue with the visible work I can only imagine what the behind the scene work looks like.

Who designed the remodel? That is the first line stop in creating a compliant space. Second line, if presented with non compliant plans, is to put a stop on moving forward until the space is designed correctly. Unfortunately, if the contractor isn't knowledgeable,or doesn't care, then even good quality designs won't help the project unless the designer is the project manager also.

I'd also want to know how it got this far along without failing inspection? Rough electrical and rough plumbing inspections should have caught the two issues you shared immediately. Why didn't that happen?

Live_Wire_Oak - Was wondering the same thing as to why these infractions were not picked up during the planning stage and certainly during the after rough-in electrical and plumbing inspection. When the permit was taken out did it cover all of these elements? Have seen projects where additional work is being done that was not included in the scope of the original permit.

Graham

No idea why the inspector didn't catch these things. I don't know the codes and stupidly, I trusted them to be professionals. I spoke to an attorney who said to finish the project and then go after this guy. That means coughing up another 50 grand with no idea whether I'll get it back.

It gets better, he video tapes my wife in our house. We are in Northern California so this is a felony. When confronted about code violations he says "I have your wife on video smiling and saying she likes the kitchen island etc"

Unfortunately in a situation where the contractor just walks away you are left holding the bag. As your lawyer has advised you, you move forward and finish the job at your own expense and then take action to recover this expense, and as you know there is no guarantee you will recover this. Bad contractors are aware of this fact and often arrange payments to maximize their take on the job. It's extremely important to never let the payments get ahead of the work no matter how great they seem to be.

Graham

Sometimes people get an "EZ permit" that doesn't specify all the plans up front (but still requires inspection after) -- still should have been caught at rough stage, but maybe not at plans stage.

Given your recent history with the contractor, I would also get several opinions from various lawyers--often an initial consultation is free. If they all agree, then you'll know its the right course of action.

It seems wrong to complete the work when you already know there are code violations which have not been corrected.

You might want to hire an independent Building Inspector to assess the issues and give you a formal list of problems so nothing is missed. Real Estate offices might be able to tell you who to contact.

I wouldn't worry about your wife's video he took. Because she likes the look doesn't in any way apply that it is correct and to code. She is not an expert. Just like you might like the looks of a car and come to find out mechanically it is horrible.

If your contractor video taped your wife without her knowledge, it is illegal in Calif. unless she is in an area where she cannot assume their conversation to be confidential, i.e. such as were she to be in a park or outside where they might be overheard then she would not have to be told.

It might be good to find out a little more about the contractor whose license this guy has been using and their relationship. It says in the California State License Board documents that it is illegal and fraudulent to let another use your license number.

Read: http://www.cslb.ca.gov/Newsletter/2012-WinterSpring/page5.htm

I don't know where 50k came from, but everything you listed is minor things that need to be repaired unless you not saying everything, or pulling our leg.

The only code violations you named it was the receptacle for the island and the toilet clearance.

Receptacle can be done in less than one hour (hopefully there is a basement under there) and toilet clearance can also be adjusted... if there is a vanity, swap that to a smaller one... If the toilet location is between two walls and you don't have 30" between these walls and these walls are new , you can fill out Application for a variation, and explain what is there and what the code calls for and explain it will not impact anything and in most cases they will let you leave it as is. If the walls existing, you shouldn't have an issue.

What is everything else that needs to be fixed or re-done? If 40% needs to be re-done and you paid the entire contract amount, didn't anyone look before you signed a check?

Is this the same guy who was recording your meetings because you would deny what you said in them? A 300-400K project like that should have every single decision documented, up front. In writing. With diagrams. And potentially video as well.

So, where is the design documentation that you needed for permitting? Where is the documentation of the ongoing inspection visits and approvals? If it passed rough in inspections, how can you say that it is not passing current inspections?

Lots of holes, and only one incomplete side being given.

@Todd Sternberg, I remember reading a dilemma recently where a homeowner in CA was wondering about the ethics of a contractor recording his home/wife. The issue was in regards to his displeasure over the installation of the bathtub faucet. Was that you?

Hey Sophie, I was hoping you'd show up here.