We have given him over $200K. We paid for all cabinets, vanities, flooring, counters, light fixtures, etc.

He says he is a master carpenter. The finish work has just occurred during the past month and we have been complaining. It has been 8 months now and he has one man with stage 4 cancer working on the house who he told me owes him money and that is why he is at the house working. Otherwise, he has pulled the crew to work elsewhere. Having never done an extensive home renovation before and frankly, the house has been so filthy, it was hard to see so much of this shoddy work.

What is the best way to apply pressure to get him to fix the work, Tundra? Thank you. That is the kind of advice I need right now.

I didn't see the inspector do a shower pan flood test, but I can call to see if he did it. The inspection had a few minor problems but I didn't think he looked at work like this. I can call him back. He was supposed to come out Friday to finish but my contractor didn't tell me if he did. I am trying to answer your questions. We heard about his partner from a couple we met at our realtors' party.. They were just joining forces when we met. We saw one house that our main contractor did and one that his partner did. They both looked like good work. He has told me he has lost money and therefore didn't take the time to cover all of our cabinets, vanities, counters. He is very angry. He let his workers pee all over the house, leaving trash and filled pee bottles everywhere. I am overwhelmed.

All permits were done correctly.

I'm not a pro but the finish on that bath corner (?) looks really bad. Is your contractor arguing that it's OK? The exposed edge of the mantelpiece has to be fixed. The gap on the edge of a showpiece chimney also doesn't look great, although if it meant starting over I might bite the bullet on it. Some of the other images aren't clear.

Personally, I would withhold whatever it will cost you to get the bad things fixed by someone else in case you have to get someone else to do it. I would pay him for whatever he has done satisfactorily and give him the option of fixing the rest.

No contract that we have had specified that the job can't look like crap, but the GC still acknowledged when things were not up to snuff and either fixed it or didn't charge. For example, a floor guy he hired stained our maple floors cherry (looked pink) when they were supposed to be brown. The GC didn't charge us for the bad job (although he likely recouped some of it in various slush factors that were added as went along) and we had it redone by someone else. He also acknowledged the bad job his subcontractor did on the marble-tiled powder room floor and didn't charge us (his handyman arranged the greyish-white marble tiles from lightest to darkest instead of in a random pattern! All the whitest tiles were behind the toilet and the darkest tiles next to the vanity. The bizarre arrangement created the illusion that water was seeping out from the vanity darkening the tiles).

My sister-in-law had the experience you are having, with the guy contesting what was acceptable and being aggressive in his own defence. Many things were done shoddily and she dreaded having to point it out because he'd get angry. Most of the interior stuff she was able to persuade him to fix, some at his own cost, others at her cost. His bid was the lowest by a margin, so I pointed out that she was still saving over what she would have paid, and it likely costs more to deal with nice people who do it right the first time. Some of the fixes he did were not OK (attaching an image of how he "fixed" the exterior wall after moving a pipe) but by the end, nothing on the inside of the house was too bad (like the issues around the tile in one of your images; could you touch up the borders yourself? Not sure).

Just saw the new images. They are brutal. $200K not including the materials and still a bad job :-(. Since the last payment is significant and he has no other motivation to complete the work, I'd withhold whatever it will cost to fix the bad stuff, so you can get someone else to do it. I'd get someone (good) in to give you an estimate on what it would cost so you have a better idea.

Great logical idea Gill, however if the OP and GC have all the proper contracts and permits that wont work. First step is documenting and giving them a chance to fix (LOL) and second you cannot breach the contract and withold payments based on aesthetics that arent referenced in said contract, and no not even based on Houzz forum advice :):) now Isnt that America, first you have to pay the hack and then try to recoup or you yourself are in the hot legal seat unfortunately.

There is so much at stake in the initial hiring process and the ways in which one protects themselves especially with finish details/aesthetics.

Tundra, I get what you're saying but I don't think holes in the ceiling or floor are aesthetics. Going to court is expensive. Whoever already has the money has the upper hand because no one wants to get into the expense of court. If the OP hands over all the money, then the OP has to come up with more money to go get the work redone and to go to court. If they withhold some of the money to allow them to get parts of the job fixed, they are still honouring the contract but contesting what the definition of done is. The contractor has the option of redoing it to the OP's definition of done, or if it's not worth it, not doing it. And if it's worth it to them, taking them to court over the definition. I don't see any upside to paying the contractor now and taking them to court later. That's a lose-lose. Withholding enough of the payment to get the work fixed is at the least a win-lose (if they end up in court later) and possibly a win-win (if the contractor fixes the work or walks away).

I don't see how he fixes it when this is the work he has done and continues to do. His one sick worker just repainted a shelf without sanding on the stuck on paint or grout. He thought it was done. The one thing helping is that the job is not done until the driveway is complete. He kept telling me he was calling the city but was not getting a response. I finally called, got through the first time and now they are coming out. He doesn't want to do it because it is expensive, although in my contract and the city inspects the work.

More photos. He has tried to intimidate me - he and his partner - into believing this is how it is done. His sub place a beige tile in the middle of my gray floor. It must have come in the box. The company makes both colors. He signed and picked up the tiles, but he is blaming me. Another cracked tile below.

Tundra, you might be right. Here is an article on the situation in the US that says you can withhold the final payment, but you also have to take the person to court. Maybe it differs from state to state?

http://www.yourepair.com/973/how-to-can-i-withhold-final-payment-from-my-contractor.html

And here is an article on how it is in Canada (where I am):

https://www.theglobeandmail.com/life/home-and-garden/how-a-holdback-clause-protects-you/article571874/

It says you can withhold payment until you are ready to sign off that the work is substantially done (if there are issues you bring them up) (I think that assumes that you have the clause in your contract, which is pretty standard here).

My contract says final payment is due when work is complete.

Thank you for the link, Gill. I so appreciate all the comments and support.

Hi Crescent,

Here is another link to how to deal with issues at the end of a contract (it mentions different ways that contracts are worded, with some doing most of the payment at substantial completion but retaining 5-10% for final approval, which is how it's usually done here). This site provides a walk-through list of what "done" means, and it says that tiles should not be cracked, there should not be visible defects in the finish, things should be the right colour etc. This link is not a legal document, but it suggests that your standards of completion are shared by others.

http://buildingadvisor.com/project-management/finance/the-final-check/

Thank you for this one, too. Tundra, I sent my contact information. Thank you all.

How did you verify that he has a current license? Current insurance? What did his past customers say? What did those past projects look like? What did your lawyer say when you have him the contract to look over?

Who did the design work and specifications for the contact documents? What kind of specifications are even included in cabinets he contract?

Ate you aware that the industry standard is that the person who supplies the materials is the one who is responsible for inspecting them and accepting them as ready to go? And that installation constitutes acceptance? And that the materials supplier person is also responsible for dealing with any warranty issues? NOT the contractor? Not unless he ordered, inspected, and installed the products.

So, why did you supply products to such a complex job? One that has no design documentation at all to fall back on? And that obviously has an inadequate contract?

We checked to see if he had a current license. He does. The work we saw was done well. We purchased all materials as stated above. He was responsible for all installations. He signed for and picked up and delivered the floor tiles to my house. When you ask questions like why did you do things, it doesn't feel helpful. I guess I didn't know better, thought he was honest and reputable, felt like I could pick out the finishings and it was how he wanted it done, again, back to foolish, I agreed.

Crescent, one more, from the government website on consumer protection. You should check the websites for your own state government too. Many websites say to withhold final payment until you are satisfied. Toward the bottom of this government webpage, it talks about conditions to release final payment and possible next steps.

https://www.consumer.ftc.gov/articles/0242-hiring-contractor

The legal sites I have read say that it is critical that you have evidence of an open line of communication with the contractor (keep track of every communication and what it was about, ideally written communication, or take notes as they happen). Also, at this point you need to document the list of shortcomings in writing (probably with associated pictures) and send them by registered mail to the contractor. To win in court, you have to have a paper trail showing that you made it clear what the shortcomings were and gave the contractor the opportunity to make it right, so that it is the contractor that is in breach, not you.

Crescent, here is a link to the National Association of Homebuilders residential construction performance guidelines. These are from 2011 (there may be a more current version out there).

https://builderbooks.com/media/flippingbook/pdf/rcpg_4e__contractor/r/c/rcpg_4th_ed-contractor_final4.pdf

It begins:

Introduction

Beyond building codes and local regulations, both contractors and their customers
have long sought measurable benchmarks that deal with the expectations of
performance in the goods and services provided by the residential construction
industry. Although codes and regulations address matters of health, safety, and
welfare, matching a consumer’s expectations entails having objective criteria
regarding performance. Upon this premise, the Residential Construction Performance
Guidelines were developed and refined to offer achievable minimum levels of
workmanship for the products delivered.

These may not be legally binding, but at least they establish a national standard for what a consumer can expect and specifies remedies when performance falls short.

Gill, you have been so helpful. I am so touched that you would help someone you don't know like this. Thank you.

Crescent, that is nice of you! I am a researcher by profession, but it is what I also do when I am procrastinating (like now, when I should be weeding!). I just realized that the vt on your name probably means Vermont, so I thought you'd be interested in this from the Vermont government website: if you withhold only the amount that would reasonably be necessary to fix the defects, the amount "shall not be deemed to be wrongfully withheld".

Full link here:

https://legislature.vermont.gov/statutes/fullchapter/09/102

OK, now I'm going to go out and weed :-(

Maybe it would be better if we still lived in VT. We kept the V but changed to T to an A.

Now, I agree that you hired a hack in over his head. And that’s shoddy messed upwork. But. Unless something like TCNA or ANSI standards are referenced in your contract, withholding payment after job completion is declared by the contractor is a quick way to get s lien on your house. Holding up job completion over matters of personal interpretation of undocumentable “quality”. It’s like refusing to pay for a restaurant meal that you didn’t like because it was too avant gardé for your taste.

He has to have promised in writing to actually adhere to some kind of standard to be able to hold him to some kind of standard. It all goes back to having the right design documentation, on the front end, and selecting the right contractor, on the front end, , and having the rIght contract worked out with the assistance of your attorney, on the front end.

On the hind end, all that you can do is rely on those actions that you took on the front end to protect yourself. Those made sure that you were protected by hiring the right honorable person in the position of job partner.

All you can do is to treat him like he is supposed to be that above board honorable person who wants to do a good job. You have your punch list, and you sit down with him at a neutral site and go over it. Then you ask him to work with you to develop a scheduled plan of action.

Or, you withhold money, get a lien placed on your property. And/or a lawsuit. Which is where this is headed. Lose/lose.

And, Sophie, if he refuses to comply?

You can’t force someone to be Prince Charming when he is Dick Dastardly. You don’t have the power. You ceded that by not having a good contract. Nothing you can do but to go to court. Because he will put a lien on your house if you don’t pay what you agreed to pay. You’ll just have to countersue. And lose any and all monies you would have had to redo anything.

Live and learn. Hire better next time. Not the cheap under bidding hack. The more expensive guy was more likely to have been closer to real world costs.

https://www.ceramictilefoundation.org/homeowners-guide-to-hiring-qualified-tile-installer

http://www.remodeling.hw.net/cost-vs-value/2018/

cresentmoonvt, you need to hire an attorney specializing in construction contracts. This is the only way you will know what rights you have under the terms of the contract you signed and what recourse that you have under your state's laws. Also, since your contractor is attempting to intimidate you, meeting with him again will likely be futile. However, if you meet with him with an attorney, you will have an advocate which should change his attitude either for the better or worse, but at least you will know where you stand and what your next steps should be. It might not be financially prudent to take this contractor to court. You might have to let this go and hire someone to make repairs (this time hire an attorney to review the contract).

I read a lot of advice from experts on Houzz who advise hiring experts, but they never or rarely advise hiring an attorney when drawing up a construction contract.

I totally agree with chrysalids. You need to hire an attorney who specializes in this area. There is too much money at stake here.

I might also get at least one other contractor in to review the work and get an estimate to repair these items. You might have to pay him for his time. I would then tell the contractor that the cost is XX to fix these items. He has three choices: you can deduct it from his final payment, or he can repair the items, or you will contact an attorney. I would seriously consider hiring an attorney though.

Yes, I am trying to do just that, rockybird. It is difficult to find someone willing to do this.

I know! I have been there. You have to plead your case to them. Offer to pay for their time. Ask them if the items can be repaired or do they need to be torn out and redone.

Many years ago my father recommended a nonblood realtive to do work on my townhouse. The shower pans were terribly done. The tile work was horrific. I knew enough to know it was done incorrectly. I brought in a contractor to look at it, who said they would not hold water. Unfortunately, the relative arrived while the contractor was there and they got into a screaming match. I kicked the relative off the job, hired the contractor, and bought new tile. It was expensive tile but I didnt have a choice. It was very stressful!! It caused some anger in the family, but I knew I was right. Ten years later, I have tenants in the townhouse and the showers still look great.

Any conversations about moving forward with your present GC should only be in writing at this time not verbal. You need a lawyer, lots of in progress pictures and writen documentation.

On a positive note I had expected a fight about a subcontractor's tile work but my GC insisted it be redone right by the orginal tiler, as to our state law allowing the first contractor a chance to make the job right, or he himself would pay another tiler to redo the shower while he sued the orginal guy for refunds if need be. It did not come to a law suit the original tiler did adequately redo my shower at his own cost. Because I only made payments to my GC, and I had a strongly word contract he was responsible for going after the sub contractor who preformed subpar work. I hope your GC is as honorable.

Holy crap, that's awful. Without reading the full thread: Stop work, document, engage lawyer.

crescentmoonvt:

Legal is legal, but power is power. Right now, sitting on the money, you have the power. You think you don't want to go to court? Well, he doesn't want to go to court even worse than you don't, believe me.

You need to get this guy to admit he's losing money in writing, such as in an email. If it comes to a judge, that and these pictures will be all the judge needs to see.

I would get a written estimate on what it will take to correct all these mistakes. Offer him a chance to correct them for full payment within a specified timeline, or deduct the cost of the repairs from the balance you owe.

His business could be dying for cash and you may be amazed at how heavy a discount you can negotiate while you're still in a position to do so.

Go to OfficeMax (or is it Office Depot? Whatever!) and buy a dictaphone. Whenever you have any verbal communication — wether it be in person or via telephone — with this guy, record it. Obviously you don’t inform him that the convo is being recorded.

I’m pretty sure that’s legal in Virginia. :)

It does sound like you need a lawyer yourself. There's a site called avvo that lists lawyers by state, lists their specialty, provides reviews and says whether they are accepting clients.

https://www.avvo.com/contracts-agreements-lawyer/va.html

They also answer questions and have several short threads that reference contractor issues and mechanic's liens.

e.g.

https://www.avvo.com/legal-answers/problem-wit-contractor-2833802.html

https://www.avvo.com/legal-answers/problem-wit-contractor-2833802.html

Nolo.com is another site that has info on these issues and links to finding a lawyer.

https://www.nolo.com/legal-encyclopedia/mechanics-liens-in-virginia-for-homeowners.html

crescentmoonvt, there are apps you can download to your cell phone that record your conversations.

Besides you have already been unsuccessful negotiating with your contractor who has already made it clear that he is angry that he underbid for the job, has pressured you make additional purchases, and refuses to make repairs.

You likely don't want to spend an additional chunk of money, but you should prioritize hiring an attorney over finding another contractor to assess any repairs because you need legal advice before making that final huge payment. Legally, you might not be able to withhold it if he completes the driveway. However, hiring an attorney lets him know that you are serious about getting legal redress and might persuade him to make repairs to avoid a lawsuit.

In addition to the links posted above, contact your local real estate agents and ask them to recommend attorneys. Most real estate attorneys should have extensive experience and expertise in construction contracts. Contact a minimum of three attorneys explain what you need and hire the one you like best.

chrysalids:

Under a one-party consent law, a person (in this case, crescentmoonvt) can legally record a phone call or conversation as long as they’re a party to the conversation.

Sammy, I misunderstood. Thanks for the correction. I will edit my comment.

I'm very sorry for your experience.

The remedies you have available vary from state to state. You might do well to give the folks at the Vermont Consumer Assistance Program a call and ask for their recommendations. 800.649.2424.

Best wishes to get everything corrected and enjoy your home again.

Thank you for your sweet sentiment, CRH. Now Virginia is home. I will take lots of the advice given here and start my week proactively seeking solutions. I appreciate you all, or as we southerners say, "Y'all".

Welcome to Virginia!

I think I have some good news and bad news to offer you with respect to your remedies. First, the bad news: While Virginia has a statutory warranty for new construction, there is none for remodeling projects, so you don't have that as a remedy.

Now the (maybe) good news: mechanic's lien law in VA is very complicated. It's not difficult to record a lien, but they are often tossed out unless every "i" has been correctly dotted and every "t" correctly crossed. There is a 30-day rule that requires contractors and suppliers to register with the applicable mechanic's lien agent within 30 days of beginning work in order to preserve their right to file a lien for that work. If you don't have a mechanic's lien agent, then I'm not sure the contractor or any supplier or contractor working for him has any remedy under the Virginia mechanic's lien law.

I'm not suggesting you "lawyer up,"nor do I advocate going to court as a remedy, but paying for a 1 hour consultation with a Virginia attorney with a construction law practice would help you understand your rights and those of the contractor. Then you can make an informed decision about how to proceed.

Best wishes for getting things fixed soon and enjoying your home.

I think we can all agree this install isn't right or proper. Secondly, I have come to realize the saying " Good work ain't cheap and cheap work ain't good" is very very true. Sorry for the trouble you are having, hopefully it will all work out in your benefit.

Hmmmm. I agree that good work ain't cheap, but $200K not counting materials is not cheap. So I think it is possible from this experience to conclude that sometimes bad work isn't cheap either.

Sometimes you can do everything right and pay for good work, yet the so-called expert takes you for a ride.

200K can be very cheap. It depends on the scope and location. You’re not getting a kitchen addition, 3 bathroom renovations, a fireplace makeover, and 5000 sf of all new wood floors out of a 200K budget anywhere in this country.

If there is an addition involved, that's another story. The OP did say "We have given him over $200K. We paid for all cabinets, vanities, flooring, counters, light fixtures, etc" Also tiles. And the remainder due is "significant." So there was well over 200K in labour. Contracting costs where I am seem high to me (especially compared to Ontario): labour alone (no materials) on our 20 x 12 kitchen was 30K for a high-end company. 200K+ in labour would definitely have gotten us a kitchen, three bathrooms and a fireplace makeover, but who knows, maybe not in Virginia.

Gill, I agree. $200K+ is a practically a small house where I live in the northeast and should be much less VA. Unless the OP lives in a mansion, that money is more than enough to do the renovations that she outlined with the additional materials and fixtures that she paid for separately. She was duped and ripped off by this contractor, period.

If the op lives in Alexandria va or anywhere near the beltway a 1500sq ft fixer can easily cost upwards of 900k... 200k does not buy you a kitchen addition in many parts of the north east. Still shoddy work is represented by the pics. but it also could have been a low ball bid aswell we do not have enough info to judge either way.

In NoVa, you aren’t getting much of anything for 200K. That’s a kitchen, a hall bath, and maybe the place painted. People buy 800K 1200 sf postwar ranchers just to tear them down and rebuild a 5000 sf 1.2M house on the lot.