Oh my gosh. There are 2 botched no-waterproofing tile disaster threads going at once right now.
Have a sit down meeting with the contractor. Before meeting, read up on proper waterproofing. Have the meeting Follow what Dragonfly said Take notes and document meeting!
I just typed this on the other thread.....
In my state, you have to give the contractor 1 chance to fix things before firing them (or they can sue you and will probably win). In my state there are 3 main things you have to do: 1) give a chance to fix; 2) make work site available; 3) don't interfere with the work.
Check the construction laws in your state. If you don't have time to check before your meeting, just to be safe, give him a chance to fix things. After he fails again you can fire him. Or maybe he'll just quit. Document your meeting like this (believe me, the judge took this eveidence very seriously, and it's a big reason why we got 2x our money back). Document like this:
-- Have your meeting, take notes, like I said above.
-- If he quits, document that in an email saying something like this: "Dear so and so, Thank you for meeting with us yesterday to discuss how you propose fixing the waterproofing and tiling problems in our shower. We were hoping you would choose to proceed with the repairs and continue the project. We're disappointed that you decided to quit the project instead of attempting to remedy the situtation. Good luck in your future endeavors. Sincerely so and so." Then send a demand letter asking for a refund, saying something like this: "Dear so and so. We were hoping you would choose to continue our bathroom remodeling project. Instead, since you have decided to quit, you have breached the contract between your company and ourselves. Please refund us in the amount of $xxx, which is the amount of deposit and draw money that we have paid you so far. In addition, we now have to re-purchase tile and other materials in the amount of $xxx. The total refund we are requesting is $xxx. Sincerely, so and so." (make a copy, send it certified, return receipt and keep the receipt that comes back to you).
-- If he says he will attempt to fix it, let him. Document that agreement in an email saying something like: "Dear so and so, Thank you for meeting with us yesterday to discuss how you propose fixing the waterproofing problems in our shower. We were pleased that you decided to do x, y, z as an attempt to fix the waterproofing and tiling problems. We look forward to proceeding with the project. See you on Thursday at 8. Sincerely, so and so"
-- Then after he fails again and it's still a hot mess, document that with an email saying something like this: ""Dear so and so, Thank you trying to fix the waterproofing and tiling problems in our shower project, as we agreed you would do at out July 8th meeting. We appreciate your attempt to fix the problems your first work crew created. Unfortunately, the shower is still not waterproofed properly. Since this was your second attempt, we have lost confidence that your work crew is capable of building our shower to industry standards and manufacturer's instructions. We have decided to go in a different direction, and hire a new contractor to proceed with the project. Our contract with you is terminated. Good luck in your future endeavors. Sincerely so and so."
Then send a demand letter asking for a refund, saying something like this: "Dear so and so. We were hoping you would able to fix the waterproofing and tiling problems in our shower. Since both of your attempts failed, we have to hire a new contractor. Please refund us in the amount of $xxx, which is the amount of deposit and draw money that we have paid you so far. In addition, we now have to re-purchase tile and other materials in the amount of $xxx. The total refund we are requesting is $xxx. Sincerely, so and so." (make a copy, send it certified, return receipt and keep the receipt that comes back to you).
Save any and all email or text replies you receive.
Good luck with you meeting.
Q
excellent storage idea
Q