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Question DetailsAsked on 6/29/2017

I cannot get our contractor to finish our backyard patio project.

Two months ago we hired a contractor to renovate our backyard patio. Because we had many days of rain the project has taken longer than expected. I understand this and have tried to be patient. However, we are at a crucial point in which I need the project finished and all of his equipment out of the way because I have 3 children getting ready to come stay with us. I have explained this to him and he keeps saying that "yes" he would have it finished by the time they get here. Well they are due to arrive this weekend, just 3 days away and he still has not made any effort to get it finished. There isn't that much left to do, but he just won't come get it done. My husband met with him this morning at 6:00 a.m. (Thursday) to go over what needed finished and he promised he would have his guys out here today to work on it and have it finished by Friday afternoon. No one showed up to work. He has been like this several times, promising to show up and then we don't see him.

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Obviously, at this point nothing you can do is going to get it finished by this weekend unless he happens to come back, or you terminate him for non-performance and finish it yourself (if you can). Obviously, if you terminate him then you will have the issue of how much you own him (tiotal) for the job, seeing as how he did not finish it.


If the contract did not have a firm completion date then termination brings in the possibility he will claim "force majeur" - that the weather delayed him so he couldnot finish for reasons beyond his control, and claim full payment despite not finishing the work.


I guess all you could do it contact him and threaten termination of calling his bond to try to budge him to finish before the weekend - though he will undoubtedly realize that is mostly a bluff.


And if you do terminate and finish yourself (or get a handyman or such to finish it) you risk loising the ability to recover anything from his bonding company.


Certainly, regardless of the case, preserve communciations, and document the status with dated photos.


Here is a link to a similar question on that issue of non-completion FYI:


http://answers.angieslist.com/What-ow...


And of course, after all is said and done, sounds like time for an appropriate Angies List review.

Answered 1 year ago by LCD




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