contractor nightmare - advice please

[Lorix2]

Hi DIS friends - this will be long, sorry...

We had a 2nd floor put on our house.

The building inspector came for the final inspection. We had concerns before he came and knew he'd have the same once he got here and we were right.

here are the problems:

*Need an LVL beam to support the weight load of my ceiling. It's 18' high and 15'x24' wide and have that supported.

*Stair risers too high

*Bedrooms windows do not meet egress codes (we knew it when they came in they weren't the right ones, but he insisted they were) They have to be pulled out and replaced.

*Some ceiling rafters and joist's are not nailed in corrrectly - there are gaps

*No hurricane braces

*windows that are staying AREN'T nailed in! (we told him at least 20x before siding to do this)

Here's the other biggie:

*If you grab the studs on the gable wall, you can shake the wall!. It wasn't built correctly. Instead of using studs floor to ceiling, they used studs 1/2 way up, used two long ones (forget the name) going horizontally across, then the started more studs from that to the celiing. He tells me "that's it, nothing more I can do" WHAT!!!!??????

Since they missed the studs most of the time, the sheeting has nails that are just "there" (we made him nail them correctly). My contractor tells me he corrected the wall, as per the inspector to his orders, which he hasn't. By sistering up ONLY 2 studs on both sides of my huge window, he made the nails that were just there, poke thru my siding!

I have had an engineer here to tell me exactly how the wall should be reinforced/built and how the LVL needs to be a certain spec and supported. But my contractor doesn't know this - YET.

My windows will be here by Oct. 10th. He admitted the mistake and has ordered them (special order, that's why the delay, they took 4-6 weeks the first time)

My biggest problem right now is this:

What it's going to cost him to repair everything and make it right, far exceeds the amount we owe him right now. My DH is afraid he'll "walk". I would have to use the money owed to him to have another contractor come in here and fix it and cost me more. Then I want to know what recourse I have on my contractor if he does decide to just leave for good.

I have pictures and video of all of this, he has done a few things like installing the hurricane clips and put in the LVL, but my DH has serious concerns about it's support and the inspector won't be back until everything is done and I haven't seen or heard from my contractor since that day last week.

Any advice on where to turn legally if I am forced too? Thanks for listening if you're still here

Lori

 

[Dan Murphy]

WOW!!!!! Lots of problems there, Lori, I am so sorry. As for actual legal recourse and procedures, I have no idea. Is there a section in your contract that spells out your recourse? Was there only a final inspection, or several along the way? I would think that some of those things would have been picked up along the way by inspectors. I can only over you my best wishes all works out, which I know, in the end, will. {{Hugs}}

Dan

 

[Lorix2]

Hi DAn,

No nothing in the contract, it's just pretty simple and basic. I agree about picking up those things before it got this far, but the inspector is called only for final inspection, none along the way.

They are working with me, so hopefully things will work out, they fear the same things I do. Thanks for your thoughts

 

[Zurg]

Did you have the contractor waive his rights to put mechanics leans on the proprety? If not get an attorney first thing monday and draw up waivers of leans. Get them from the contractor and any sub.

Keep the money you have held back as a tool to get him to sign.

Once he has signed, have your attorney fire the guy.

if the guy did half of the stuff you say he did wrong he should be fired.

The fact he wasn't there for inspection says a lot about the guy.

Time to minimize your losses.

Sorry.

 

[ripleysmom]

Is your contractor licensed? If so there must be some type of agency that he has to answer to in order to maintain that license, I would think. Find out whether there is a licensing agency to talk to.

Here in NY in my area part of the contractors license fees goes into a special fund to help reimburse people for repairs that must be made just like yours.

 

[~Sparkly~Zoe]

I'd definitely get an attorney and go to your local court office in your area that handles things like this, they can also point you in the right direction.

 

[Lorix2]

Zurg - the contractor was here for the inspection and so were we. These are the inspectors words to us "do you know why this guy gets away with this and it's sickening? Because it's obvious to me that inspectors in other towns he's been working in aren't doing their jobs"

My contractor was negligent in not going to our city's building dept and getting the codes for our city = he just assumed they were the same or could be overlooked for a fee. Got that from one of his helpers.

What exactly does the mechanics lien do? He's a 3 man crew, no overhead or big name to sue...

Firing is what I really want to do, but afraid to until I know my rights.

Thank you Zurg

 

[Lorix2]

ripleysmom - No, he's not licensed as far as I know. In the state of NH they are not required to be licensed. I remember finding that out before looking to hire.

sparkly - it looks like we might be headed down the legal road, but financially don't think it's possible

thanks again all.

 

[4greatboys]

Just wanted to say how sorry I was you were having all these problems. We are 0-3 with contractors. Why is it so hard to find one todo work and to do it correctly?? Seems like an easy task but apparently it is not.

 

[jamsmom]

I have no advice to offer, but wanted to send you PD that all gets corrected and quickly without him backing out. {{{HUGSS}}}

 

[rasnlms]

No words of wisdom here - but Pixie Dust on the way!

I hope this works out for you.

 

[FreshTressa]

No advice...just sympathy. What an absolute nightmare. I bet you are just steaming!

I sure hope it works out okay and that you can get that guy to fix it or get some money to get someone else to do it.

 

[UncleScrooge338]

I work for a plumbing/heating contractor, and we're the ones who are called in after the other guys have been thrown off the job!

1) Talk to a lawyer!

2) Get this bozo out of your home!

3) Find a good contractor, no matter how long you have to wait for him!

From all you have said, this guy doesn't listen to you or take your concerns seriously. If he does try to fix anything it will only be as little as he can possibly do to get away with it. He doesn't sound capable or interested in doing a quality job.

Most building departments in this area will send the inspector out if you call and explain the situation, even if an inspection isn't due. They might charge a small fee.

Good luck!

 

[Lorix2]

unclescrooge - you said exactly what we're feeling - he'll do as little as possible to get by and it probably still won't be right. The inspector told me to keep him informed. I'll put another call into him tomorrow. I'll pay to have him here and deduct it from my contractors monies due him too. thanks.

thanks to all for your pixie dust and well wishes too! I appreciate it!

 

[CarolA]

My suggestion is the same as a lot of others.

Before you do ONE more thing, find an Attorney and get organized. You do not want to pay this contractor ONE more cent until you do nor do you want to continue to pay inspectors to tell you that they have not done what they need to do.
The advice we can give you is in no way a substitute for good legal advice that I am afraid you are going to need.

 

[jipsy]

Get an attorney first thing tomorrow morning and don't let the guy do any more work and don't pay him anything else.

 

[MegaDisney]

We renovated our kitchen and bath a few years, and while our contractor did excellent work when all was said and done, working with him was horrible. The worst of it was when we paid him his second payment (about 30K), the bank made a mistake with the check (don't ask) so when he went to deposit it he couldn't. We were on vacation at the time, so imagine what was going through our mind when we checked voicemail at home and there was one from him, cursing up and down and threatening to go into our house and "take back" the work he already did. It was awful. I mean, he had keys to our place and everything, and we were over 3 hours away- I just pictured him going into our home with a sledgehammer and swinging away! Other things had happened that made me realize that he was the type of person to do this.We eventually got things straightened out and the bank wrote him a personal letter telling him it was not our fault, but until then it was terrible.

I was never so glad to say goodbye to anyone in my life. We love the work he did, but for 9 months our life was HELL.

I really hope you do find resolution- I agree with everyone else who said get yourself a lawyer. Protect yourself now.

 

[sogger1]

In addition to the lawyers, you might want to contact a local TV consumer investigator. Also file complaints with better business bureau, state attorney general, and professional contractor's associations.

 

[Deb & Bill]

Did he give you any information about his bonding? If he doesn't finish the job and you are left with a mess, his insurance should pay to hire another contractor to finish it correctly. I'd be concerned about any liens he might have on your property as well. If you don't pay, you lose the house. Talk to an attorney immediately.

 

[aahmom1]

There is no way in hell I would let that guy any where near my house again. Fire his butt, sue him in small claims court for all the money you are out. Make sure you have pictures and video, and a letter from the inspector should sew up the case. Remember if you let him back in to do more work the judge will not look kindly on you, if the guy isn't a competent builder he shouldn't be building in your home and the judge will tell you that.

Also, when you do hire somebody to fix the disaster that this loser caused, make sure he's licensed, required or not, I'm sure there are many that are.

Get names and references from friends, not the yellow pages.

I CANNOT believe what this man has done to your house, it's just unreal!!