Hurricane damage with bad contractor

5 years ago

last modified: 5 years ago

My contractor recently got caught trying to double charge us for the same thing twice for about 13,000.00. We confronted him about it and the fact that we were past the deadline and things were going slow ect. He treatened us with a lean of we didnt pay him and a lawsuit. we told him we will glady pay him once he reached his next set of requirement per his contract with were rough ins. Hes claiming he dosent have to get and inspection to get his money because its not in the contract. Furthermore, he doesnt even have the rough ins complete. Theres no fireplace put it, just first half of electrical, some plumbing and inside air handler. I will not pay until its complete. Im thinking hes hurting for money because of covid but if thats the case just say so, dont treaten people and try to cheat them. Had anyone had a contraor use such a stupid excuse as your contract doesnt say inspection?? Dude, inspection is required to move on to the next stage of the project. Do they really think we are that stupid. Why would i pay you over 30% of a multi thousand dollar contract when you refuse to get a rough in inspection done to prove that its all in working order and done right. 30% of the contract price hasnt even been done in work yet.

Featured Answer

bry911

5 years ago

You can't modify a contract after the fact, if your contract doesn't stipulate payment after inspection, you can't make that a requirement. While it may make sense to you that work isn't completed until inspection, I am not sure that is really the standard.

Subs want to get paid after their work, so even if your home isn't ready to inspect for various reasons your contractor may have to pay his subs and probably needs to be paid to do so.

This isn't to say you should pay him, if your gut tells you there are other problems then maybe you should listen to your gut, but please be aware there can be serious consequences for a decision to breach, which it sounds like what you have done, so it is well past time to consult with legal counsel in your area.

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Comments (7)

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JAN MOYER
5 years ago
last modified: 5 years ago
What does the contract say? Exactly?

If you've already caught him in double charge...........maybe time for a new contractor. And an attorney

Given there is nothing anyone here can actually DO to rectify your plight.

"Roughing-in should be completed before the first visit from a building, electrical, or plumbing inspector. These inspections fit into the typical workflow like this: Wall, floor, and ceiling systems are built and left open. No drywall is installed yet.May 17, 2021"
shirlpp
5 years ago
I did not know that it had to be in the contract to say, I get my money before an inspection.

I think?? you can call for the inspection since he does not want to do it. You will then have stuff in writing detailing what still needs to be done to pass inspection.
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millworkman
5 years ago
"you can call for the inspection since he does not want to do it."

Maybe, maybe not. Whose name are the permits in?
cpartist
5 years ago
It might be time to meet with a construction lawyer to see what your options are.
HU-922929603
Original Author
5 years ago
last modified: 5 years ago
The contract states that payment is due uopn completion of demo, framing and rough ins. He is saying he is done with rough ins but there is no fireplace installed to be inspected so he is lying. He thinks we are dumb. what he doesnt know is that my brother is a GC in a different state and is telling me what needs to be done. I never said that i wouldnt pay him and I never had a problem with paying him but now he is acting like he is going to take our money and run without completing the entire project. Why would i pay him when i know these things are missing and it cant be inspected yet. Why would it hirt to get an inspection, you either pass or fail, he knows he will fail because we are missing components thats why hes holding back. Why else would you refuse an onspection that you know you can pass? Nowhere in my entire contract does it say anything about inspections at all at any stage. But isnt that a given, you have to meet certain criteria and pass inspection to move on to the next phase. My contract is for over 144,000. You mean to tell me that because his contract says nothing about inspection that he could do that entire project without one and complete it. It shouldnt have to specifically say inspection. If you want to get paid for the next phase of work then the previous phase has to be complete and that’s only able to happen with passing inspection. The thing about this is that the contract doesnt stipulate he has to have an inspection to be paid but it also doesnt say that i should pay him prior to his rough in inspection either.
millworkman
5 years ago
"But isnt that a given, you have to meet certain criteria and pass inspection to move on to the next phase"

Depends on your area and if permits are required. Are permits required in your area? Were they actually pulled? If so by whom? What kind of permits are required in your area? What happens with payments needed to be spelled out in your contract. Technically he is correct if the contract does not state after inspection he is not wrong. Framing and rough-ins are not a fireplace. You cannot just arbitrarily change the terms of the contract because you think he is lying to you.