Did you pay the deposit with a credit card if so dispute it and get a new guy to build the deck. If not lose the deposit and learn a lesson , then get a new guy.

He refused to take a credit card. I am inclined to believe that this is a regular thing with this guy based on some comments he's made. If he takes fairly small deposits for smaller jobs, then he has work for his crews if nothing bigger comes in. If the client becomes frustrated and walks away, he makes money for no more work than a sketch and a form contract, plus mailing it out. Do that a few times a season and he has a couple of truck payments.

What is so surprising is that his website has a page on which he discusses at length how vital it is to hire a professional, licensed builder.

As 500 bucks is a significant amount of money for me - we saved for quite a while to come up with the 10k in cash for a new deck in the first place - and since he will probably show up at some point, we are stuck.

$500 is not worth the risk of working with someone who has started out this poorly. Move on. Get money back if you can but even if not cut your losses. If he can't be accountable now will only get worse once he has more of your money!!!

I know you're angry and upset. I don't blame you. You say the guy is really good, and if he is that good, he's worth waiting for. It's too late in the year to hire someone else....for this year. First go check and see if he has pulled the permit. If he shows up before the snow is knee deep, it's all good. DO NOT pay another dime until the deck is complete. If not, take him to small claims court after the contract is six months old. You will have the contract showing the date signed and should have no problem showing he had "no intention of honoring said contract". Be sure and claim for filing costs etc. Always pay with a credit card...if they won't take a cc find someone else.

You can not dig a post hole and pour the footings for a deck when the weather is below 40 degrees so time is running out to begin a deck in your area. They can build the deck during the winter although working in snow is dangerous. Either they need to pour the footings now or don't even let them start. They should give you a refund under these circumstances.

Thank you for the advice. And my sympathies for the eternity you are spending waitong for your project to be completed, sockfinder.

The builder showed up the other day to take some measurements he needs for the permit, so I think I will see him eventually. I have never seen any concrete poured in Michigan after October and we often see snow by Halloween so the temperature thing sounds right.

This is an issue I have seen happening more and more often - the small jobs get pushed out by the larger ones. I'm 100% certain that if I wanted a 50k trex deck I would be looking at a new deck right now. I am a small business owner, so I completely understand needing to make money but who is going to do the smaller jobs? If your elderly mom needed a new porch, would it be okay for her to have to wait 6 or more months?

The contact calls for a third of the balance after the old deck is torn out, a third to pour the footings and begin the work, and a third at completion. It seemed reasonable and better than the 50% to begin and 50% at completion.

As owner of a former construction company, that payment schedule seems unfair to you. Since you have already had problems I worry about a very front loaded contract like that. I would suggest:

• 25% to start payable upon demolition of the old Deck.
• 25% to pour the footings and most importantly after the lumber is delivered.
• 25% after the deck itself is framed and decked.
• and the final 25% after the railings and steps and the rest of the Job is completed.

Front loaded contracts especially from builders that are having delays can mean possible financial issues. Since this builder has delayed already that payment plan is fair to everyone and I would personally never pay a builder 66% of the price of a job after only 5% of the work and less that 5% of the materials have arrived.

Be careful here. They haven't even applied for the permit. Because of the footings, they shouldn't really start until spring. Giving them 66% before anything has happened asks for trouble.

I checked on the permit and he applied for it at the end of September, but didn't bother to let me know. According to the city, he has six months, after which he can file for an extension if needed.

At the time it seemed okay because others were asking for half up front with the remainder at completion. Can I alter the terms of a contract legally?

I know that his financial status isn't the best - he's a small business and his 5 sons work for him. He's been doing it for 25 years, though. Frankly, I can't afford to hire a big company with a gteat balance sheet. 9k for a deck these days isn't a whole lot and the bigger companies want to do big jobs so even getting them to show up for an estimate was a challenge, then several didn't quote the job because they had better jobs come in.

He just keeps saying that we are in line and he's going to show.

But seriously, can I change a signed contract?

Is there a start date on the permit or approximate finish date for the work to completed? In some States (NJ is one of them) it's the law and you must have the dates indicated on your contract or the contract can be invalid if that goes to court.

With that said, he told you October, we still in October... Like others said after certain time is not a good idea to dig and pour footings, not to mention the deck is useless in the winter time anyway. If they don't show up in the next 3 weeks, ask to return your deposit or push the start date for early spring next year and collect interest for another 6 months on your 9k.

Good luck

Actually, he indicated late September or early October - this after asking him when I wanted it finished and I said "before fall". Does this not seem like fall?

I'm going to try to push the date to spring. Nothing in Michigan law as far as I know.

I don't believe in concrete for deck pier footings. Neither do these guys. According to the State of Michigan, gravel is a code approved footing. See R403.1: "...concrete footings, crushed stone footings, wood foundations...". Gravel has superior drainage over solid concrete (Ever see a heaved railroad bed?) which keeps posts from rotting and heaving and can be installed any time of the year.

Ok I guess in Michagan, but not around here. If they will give you a permit for something that can shift as the frost line changes they must know more in Michagan than in Pennsylvania about cold whether conditions. You don't put the posts in the concrete of course though, they sit on metal post stands.

If this is a busy,, big deck builder, you're likely pushed back because as you said, you have no dates in your contract.

Is this "the," guy in your neighborhood? Yes, you've been patient, and you are small potatoes to bigger jobs.

If you still want him, invite him over for coffee or a beer, with two copies of the contract. Don't be adversarial, but do be proactive. Once he tears out the existing deck, you owe him 3k or better.

Talk it out. Holes can be dug he can auger in frozen ground. His contact is heavily loaded in his favor. Some scratchouts and changes.... Dates and payment schedule... Would be appropriate, but you are the homeowners, and the ones to decide what you can live with, and for how long.

If you are in a small town, in a rural area, and he's the best, you just want to work it out. Unfortunately, his schedule at this point puts you at 66 per cent paid, no lumber, deck torn out, and nothing but posts and hope til spring. Possibly.

If you can't work a better agreement and schedule, I'd likely kiss the 500 goodbye. And buy a book on deck building.