Did you obtain a Building Permit? As much as I have issues with self-empowed inspectors, the city does have contractor qualifications.

On the plus side, it appears the

major work has been completed. Decking amd railing remain. Provided the structure is to code, figure out the square footage and go have a big box store give you a materials cost.

The contractor obtained the permit.

I have a copy from the first inspection. They approved it. The only problem is he dug holes for the steps making the steps only two feet apart. I asked another contractor to bid on the work he said just for materials would be 20k.

We are too old to do that kind of work ourselves.

@Nimryl Morris - speak with the city They won’t likely finish the job for you but they have influence on contractors approved to perform jobs for residents. Lack of city approval to obtain future work may encourage the completion of your project.

Why would you give someone 90% for a job that is 50% completed? What was the total cost for the job?

If the contractor is still in business, firmly discuss a completion date - maybe he is waiting for lumber backorder due to supply chain issues? Then send the contractor written notice of your deadline to complete the job and send it Certified Mail - as your proof of Notice. Also contact the courthouse to ensure any subs hired by the contractor have not filed a mechanics lien against you - for payment for their labor. Once the written deadline passes, take pictures of the incomplete deck with date stamp - as your proof of contractor’s failure to meet written deadline to fulfill the contract. Then hire another contractor (you already have a bid of $20k and may wish to get 1 more responsible bid) and let them complete the deck. Your payment to contractor #2 is proof of your “damages” caused by contractor #1. Then sue contractor #1 for that amount. I am not a lawyer, this is information only and is not legal advice. If the contractor has “disappeared” or changed the business name, it would be wise hire a lawyer specializing in contract law.

Respectfully @gnbuilders, why we did do what we did is not relevant at this point. We feel terrible that this happened to us. And it was a huge mistake on our part. We know that now. We want to move forward. Scammers are out there, and whether it is construction, software, or retail, someone is always looking for a way to get you. I hope it never happens to you. Unfortunately, we are not as educated as you are in the contracting industry.

@marylut, thank you. You have a great idea! I have tried contacting him to try to work it out, but he says he's sick, and his workers didn't show up, etc. this has been over a course of months. It's been since June he and I have been going back and forth. And he said he wouldn't give me all of my money back but some. Then I never heard from him again.

@Nimryl Morris I feel terrible this happened to you and many regulars here know I have always been the most prominent advocate for homeowners who have been faced with "hack jobs", "fly-by-night contractors", etc.

What you faced I get about 3-5 calls every 4-6 months from homeowners who are in the same position you are.

This is not about being educated in the construction industry, this is about common sense.

Yes 30 years ago I could do 100k addition on a hand-shake, nowadays I had to have a 3-page detailed contract with a 3-paragraph scope of work description on the 1k job, and some still trying to bargain when it comes to final payment.

Most calls I get from homeowners in situations like this are pretty much for the same reasons...

• The homeowner takes out a building permit under the pretense he will be doing the work and they hire unlicensed trade and they walk off the job when they get most of the money and there is no reason to finish it.
• Job is priced at the cost "too good to be true" but a large downpayment is required that the homeowners just can't pass on the opportunity and they go along with whatever is requested.
• Job is low-balled to get a foot in the door, and large payments are requested ahead of the job progress, minimum amount of work is done and they simply walk off the job while they are ahead.

In any case, no matter what trade you're dealing with you must use common sense and not allow the cost of the job or any deal that sounds "it-to-good-to-be-true" to cloud your mind.

I don't know what happened in your case is why I asked what was the total cost for this deck. because the cost usually can answer lots of questions not to mention do you have a written contract and is he a licensed contractor?

If he is licensed, there is a permit and you have a written contract it's hard to believe that a legitimate contracting company with a good reputation will walk away from a job and have its reputation stained... and it's very easy to do nowadays with the social media to ruin any company who "skims" their customers.

That being said, I'm not sure what happened in your case, a deck like this shouldn't take more than 5-6 days from start to finish and I hope you get this resolved as painlessly as possible because from the picture you showed (not sure what happened there with the post spacing, looks like they didn't do an equal post spacing and it looks like they ran-off before finishing to fasten the girder at that post), but other than that it looks like they did a good job to this point and you only need about a few days to finish this.

Good luck

I suggest avoiding the topic of money if you manage to get in contact with the contractor. Emphasize your unfinished deck and desire to complete the project.  My approach would be let's discuss how I can help get this project back on track. I am not saying this approach will work but you might have a chance if the guy is interested in salvaging the remnants of his business. 

Large amounts of money, some acceptable work completed and then excuses sounds like a possibility of an addiction taking over. When I think of scammers, I think of people with an intention to defraud and not pulling permits and doing any significant amount of work. Lots of scammers get a smaller down payment and then just disappear. Either way, the money has disappeared.

Given that the guy pulled the permit and did OK work through the first inspection hints that he might have been planning to actually do the job. Addicts have lots of practice lying to cover their actions and sometimes they lie to themselves even more than they do to family, friends, employers and customers. There is a fair amount of addiction in the construction industry, including nicotine, alcohol, pot, hard drugs, and gambling, some legal, some illegal. 

I would do some hunting around for clues about what happened. Generic social media posts not indicating an unfinished project looking for current info on his company might get some info.  Chats with the building department and material suppliers can often help with leads for contractors to finish and cryptic clues when you give them the name of the disappearing actor. Check court records, both civil and criminal, and land records to see if he might be in legal trouble. Ask the building department for a list of other permits (if any) he has pulled within the last year and track down the other homeowners.