How to handle contractor who is heavily delayed

8 years ago

It has been 13 weeks since I gave my contractor a one-third deposit for my kitchen and bathroom project (refacing lower and replacing upper cabinets, new countertops) and he still hasn't started or given an updated start date. In fact, he is generally unresponsive and at one point disappeared for 7 weeks.

We didn't sign a contract (for better or worse) and at this point don't trust him at all. We sent him a note last week advising that we need him to start within the next couple weeks and advised that if he is too busy, we are OK to walkaway with a refund, no hard feelings. He never responded. He has been in business for over 20 years and appeared highly reputable.

I get being busy but he is non-responsive and even without a contract stating dates, we believe 12 weeks is on its face unreasonable. Aside from doing a better job next time, what else can I do about this situation?

Featured Answer

blondelle

8 years ago

Notify the Department of Consumer Affairs in your state and file a complaint. Ask them to check his license # and insurance. Do you have a Dept. of Buildings in your state? If so, see if you can find a license for him. Contractors either have a DCA license or a DOB license. The DCA has a mediation service. You should never give any trades money without a contract. Tell him you are reporting him if he has no license.

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Comments (14)

Tootsie
8 years ago
Run!
Stu
Original Author
8 years ago
Hahahaha I hear ya!
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Sammy
8 years ago
last modified: 8 years ago
Get your money back and start over with another contractor...and get a contract!! ;)

BTW: I posted this link on another thread but I think you’ll find it useful, too: https://www.proremodeler.com/breach-contract
Stu
Original Author
8 years ago
Thanks, Sammy and Blondelle!
blondelle
8 years ago
You can also take the person into small claims court. I think it's up to $5,000.
Helen
8 years ago
Send him an email documenting exactly what has been going on and then give him seven days to start the project or refund your money.

However, I think you would be better off starting from the beginning because not having a contract for this kind of scope is not smart.

A contract isn't complicated - it sets forth what the understanding of each party is so that each party knows how things should go and IF something goes wrong, a third party would be able to determine what the parties had agreed upon.

How would you be able to prove that he had performed without a contract - wouldn't the contract state the specifics of what is being done?

To quote Samuel Goldwyn - An oral contract isn't worth the paper it's printed on.
Cole Man
8 years ago
1/3 down should have been a huge red flag. I'd already be discussing this with my attorney if I were you.
PRO
Klein Kitchen and Bath
8 years ago
Not signing a contract was big mistake no matter how reputable the contractor is. Him not being responsive also is a bad sign- if he is acting this way and he hasn't started the work, how do you think he will act during the work?

If I was you I would demand for your money back and look for a different contractor. Make sure you sign a contract where the scope of work and payment schedule is on it.
User
8 years ago
You handed over a third of the cost of remodeling your kitchen and bath without signing a contract? I don't know whether to laugh or cry.
PRO
Joseph Corlett, LLC
8 years ago
This is fraud and the cops take it very seriously. Call them immediately.
ci_lantro
8 years ago
In fact, he is generally unresponsive and at one point disappeared for 7 weeks.

Probably on a bender with your money.
Stu
Original Author
8 years ago
Addressing the lack of explicit contact -- I have thorough documentation on the bid and the payment method (check with memo referencing bid # and date) so an implied contract is clear. Even with an explicit contract outlining dates, I'd have to establish the dates' materiality, so material breach isn't a given. In my favor with an explicit or implied contract is that it has been 12 weeks, which is on its face unreasonable. Interestingly enough, I have one positive to not having an explicit contract -- the contractor failed to provide required disclosures for me to sign, meaning I have leverage over him with the licensing board.

Appreciate the responses everyone! Wish everyone much success on their projects.
rockybird
8 years ago
last modified: 8 years ago
At this point, since he is being non responsive, I believe that you need to contact the local registrar of contractors. The cashed check should be contract enough.