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Question DetailsAsked on 8/10/2014

Dissolving a contract

My Angie's List Big Deal has gone sour, with the contractor last working on my remodel over 32 days ago. Since that time, he promises an update and then fails to call. If I can persuade him to end the contract and we can determine a fair price for work accomplished, what else do I need to do ( put in writing ) to insure this doesn't come back to bite me later?

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Voted Best Answer
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At a minimum - do an Amendment to the contract, signed and dated by both, stipulating what work has been done (maybe a checklist of items) and that the contract is being terminated prior to completion, and both parties agree that the work to date shall constitute the total work to be done, list the agreed-upon amended total contract amount, list and subtract payments to date, show new final payment due AND keep copy of check or credit card receipt AND have contractor signh that he has received payment in full of the amended amount. Also, do not do final payment until he provides (simultaneously) you with signed and dated completed lien releases and warranty forms/instruction books etc from himself, any subs, and any significant materials suppliers so they cannot come back on you later on for any bills he did not pay to them. Also proofs of payment/invoices for installed items to prove purchase/install dates for manufacturer warranties.


Depending on how big a job this is, you might want to pull an attoney in to protect yourself - I would say probably not for a not worth the cost for a thousand or two job, cdertainly for tens of thousands job, in between would be a gray area.


Note such an amendment probable eliminates any warranty fromhim - stipulate in amendment what warranty there will be on his work if any and to what it applies. Be aware that an amendment saying work is being terminated incomplete also probably has the potential to void any warranties on installed items that are not certified complete by the replacement contractor.


If this was financed, you need to get the finance company involved before the amendmenttoo - they will have some input into it, and will revise the financing authorization to him at least, and possibly for entire job.


One other thing to consider - rather than terminate the job, you might have the option of calling his bond (this is the type of situation it is there for) and having the job finished by contractors being paid by the bonding company.


After done, certainly sounds like needs a Review done on him too.

Answered 5 years ago by LCD

0
Votes

Hi,


This is Leah B. in Member Services, happy to help!


I'm sorry for the trouble you've had with your Big Deal. Our Big Deal team would be happy to help you. We can be reached at 888-944-5478 or memberservices@angieslist.com.

Answered 5 years ago by Member Services




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