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going_northwest

Kitchen has been demo for 2 months, contractor has only worked 3 days

6 years ago

I’m wondering what to do with the contractor we hired for a kitchen remodel. We signed a contract back in December with a start date in early February. The scope of his work included demo, moving a cold air return, installing cabinets, plumbing the new sink, moving a water supply line to the fridge, installing a duct to vent our new hood outside, new countertops (which is subbed out and we’ve fully paid for), installing a backsplash, and installing new appliances (with associated electrical work).

Unfortunately the jobs our contractor lined up before ours took longer than expected and within a week of his initial start date we were told he was at least two weeks behind at that point. They did come and did the bear minimum demo needed to get out of the way for our flooring contractor. For reference, once learning of his delay we took it upon ourselves to do 80-90% of the demo and disposal to help him get things back on track. The initial delay wasn’t a terribly big deal as our flooring contractor took a little more time that expected. However, again at the last minute we were told the other jobs were still behind and our job would be further delayed to a month. Our contractor made an effort to begin work on our project, but over the course of a few weeks made very little progress - basically just the return vent and finished demoing our old backsplash. He was trying to start our job while still being behind on his previous jobs. They also have a large, lucrative contract lined up after ours that’s going to be significantly delayed too. To pile on top of that, our contractor let us know the middle of last week that he has pneumonia and now we have no clue when he will move over to our job. It’s now been over 2 months since our contractor was supposed to start and we’ve been without a kitchen that entire time. In addition, our flooring contractor is waiting for the kitchen to be done before doing the final buffing and sealing of the wood floors, so we basically have very limited use of the main floor of our house.

We’ve complied with all the conditions in the contract including the payment schedule that included a ½ labor deposit on their first day in earnest working on our project, which we feel a little swindled on this because we’ve maybe had 3 full days of work since the very beginning and only 1.5 of those days after paying this deposit. At this point we’ve paid for all material, the countertops (including install by the sub), and the ½ labor deposit. We feel getting the countertop contract moved directly to us would be pretty easy.

When our contractor called us last week to let us know he has pneumonia he told us that we could terminate the contract with him. We let our contractor know that we would like to keep the contract with him and have him complete the work. We really would like to have our kitchen back in working order with a newborn at home.

We want to trust that our contractor is doing his best and has just had a spell of bad luck, but need to be prepared if that’s not the case. Our pessimistic thought is that with his large contract waiting in the wings is that our contractor simply wants to find a way to skip our job. What should we be doing now to protect ourselves in the event we need to terminate the contract and seek another contractor? If we need to go this route, we won’t have the project done for another 3-4 months due to the fact everyone we talk to has full schedules and will be without a kitchen the entire time.

Any advice or suggestion on how to move forward would be greatly appreciated.

The kitchenless family

Comments (15)

  • 6 years ago

    I'd terminate the contract and get the money back. You'll have to wait for somebody else to have time to take it (and it's too bad he left you with a hole instead of a semifunctional kitchen!!), but that's still better than how things are looking now...


    Do get other contractors too look now, however, before breaking the prior contract. Depending on how far the work progressed, other contractors may not be willing to take over somebody else's work, especially if there are permits requiring inspections, etc. They don't want to have to redo or live with unknown stuff behind the walls...

    Going Northwest thanked acm
  • 6 years ago

    I respect contractors. That being said, I’d test him with a request for all the money you gave him plus 30% and all finish materials already purchased. Truth is that it will cost you to find someone on short notice (if that’s possible). He wants out of your job so he doesn’t lose the bigger one. See how bad he wants out. If you keep him, chances are good that he will cut corners to get you done - again not to lose the bigger job.

    Going Northwest thanked 1929Spanish-GW
  • 6 years ago

    Agree with the above. He's already told you that he wants out. You won't actually lose time by hiring someone else because he'll probably delay or half-heartedly fit you in between his other jobs once a week.


    Going Northwest thanked alex9179
  • 6 years ago

    If he seems like a decent guy, ask him for referrals to other local contractors. These guys don't work in isolation, and a colleague of his who knows the situation may be more inclined to squeeze you into his schedule sooner. Good luck, this is such a hard place to be!

    Going Northwest thanked Pam A
  • PRO
    6 years ago

    "When our contractor called us last week to let us know he has pneumonia he told us that we could terminate the contract with him. We let our contractor know that we would like to keep the contract with him and have him complete the work."

    WHY? WHY WHY WHY???

    This is a guy who has no clue how to schedule. At the point he was behind, he SHOULD NOT HAVE DONE YOUR DEMO. He should have given you the opt out, in FEBRUARY before the rip of the kitchen, and told YOU to delay your flooring, which could have been done after the kitchen with a simple shimming up of lower cabinetry install.

    Check your local area for good referrals, get your money back , and move on. In the meantime, a good contractor can give you a temporary counter space with a sink, you put the fridge somewhere with a microwave, and you have to find someone to finish the entire job.




    Going Northwest thanked JAN MOYER
  • 6 years ago

    One word: RUN!

    I wish I didn’t have any BTDT experience with this type of issue. It never ends well. Get your money back and start looking ASAP for replacement contractors. Jan has a great idea about giving you a temporary kitchen.

  • 6 years ago
    Oh my gosh, how awful to go through this and with a newborn! Having gone through a 10-week kitchen remodel without a kitchen and with (older) kids, it was a massive PITA even with a great contractor. I agree it sounds like he wants out of your job. Immediately get someone to set up a temporary kitchen. If you’re not moving plumbing, it’s still in place and they can setup a kitchen sink for you (keeping your old one). I have a fridge in my garage, I used that and bought a cheap microwave and moved my toaster oven out to the garage and set it all up. I also ordered healthy ready to eat meals from a local healthy meal service place. This made the remodel bearable, not perfect, but bearable. And if all else fails I might look for an air b&b to stay in nearby as a temporary solution so you’re not so uncomfortable. Good luck to you!
  • 6 years ago

    Fire him. I once had some circus outfit installing floors for FOUR freaking months. Turns out it was a 3 day job for floor installers that actually work full days and don't take long smoke breaks and have major personal drama every other day. Fortunately, I wasn't living in the house. I got it done eventually. Never again.


    Never let anyone begin until they can complete the job without moving on to others. That should be in the contract. Start through finish -straight through.


    Your gut reaction is right. He wants to skip your job and move on to the big one when he is feeling well. Cut him loose and get your money back. I have learned from hard experience NEVER to let the money get out in front of the work. Never half down.


  • 6 years ago

    Thank you all for you advice and insight. It has been an eye opener.

    I would like come back and reply to each of you later. My baby has a lung infection and he is not happy I am on the computer.

    Many of you suggested that we get our money back. Our contract said we can break our contract with him, but did not say anything about getting our money back. The contract states that if we break the contract we will pay him $200.00 for every hour he has worked. Our contractor did say over the phone that he would figure out how much we own him. That moving the return air vent was a much bigger job than he expected. We are pretty sure our 50% deposit is gone to pay his monthly bills and to pay his one employee.

    Thank you all again

  • 6 years ago
    last modified: 6 years ago

    Don't let him get away with keeping 50 percent of the money for a kitchen renovation when he only did some tiny percentage of the work. No way, when this is completely not your problem that he could not finish.


    You would still have to pay what, 98% of the cost of a renovation to some new person. It is not equitable that you lose all that money through no fault of your own.

  • 6 years ago
    Agree, he shouldn’t keep that money. If he’s only worked 1.5 days that’s all he should get paid for, imo. Explain to him that while you understand people have bad luck and get sick, you still have to hire someone else to do the work. Make sure you point out that he booked you for these dates, he scheduled you, it’s not your fault he can’t complete the job. I think he’s hoping you let him off the hook and keep the money you’ve already given him, this should not be the case.
  • 6 years ago
    Oh and hope your baby feels better. Poor thing he’s probably feeling your stress!
  • 6 years ago

    Your contractor has pneumonia and has indicated he wants out. Terminate the contract.

  • 6 years ago

    First off, I am so sorry this is happening to you. However, I think you have a great opportunity here since he is giving you an out. TAKE IT. And get your money back too. Doesn't matter if he paid his staff with the money or went to Disneyland or put it in escrow - he didn't spend it on getting your project completed. Obviously, pay him for the time spent, but little more. If it's getting sticky, you may want to get legal counsel about your options, or contact your local news/consumer protection bureau - they may be able to nudge him in the right direction.