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Question DetailsAsked on 12/26/2014

Suggestions/comments on terminating a contractor in the middle of a job for poor ethics?

We made a huge mistake with hiring our flooring contractor (not on Angie's List). The 5 day job is in day 10 and he is only half way through it. He is rude and has never worked more than 2 hours per day. He has several excuses, including difficult product to work with, several custom cuts of the wood due to an angled island in the kitchen and the commute to our house is long. All of these things he knew prior to bidding the job. What he has done, looks nice and the quality of work is very high. I just cannot have this obnoxious man in my house any longer. I'm looking for suggestions on how to negotiate/modify the contract and keep it as peaceful and painless for all of us. Also, pro vs. cons of keeping him around to finish the job. Thanks!

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Assuming he has not said anything to you about increased cost, and since you said the work looks good, I would bite the bullet and let him finish, and plan on doing an AL review after all is said and done. I would express concern about the delays and ask him to put more of his time into your job each day, because either he is overbooked, does not work a full day at all (semi-retired or lazy), or perhaps has a medical or addiction problem that is affecting his productivity (commonly the case if never shows till mid-day).
Of course, if you are staying home from work to monitor him, then letting him run another 10 or more days may be out of the question.

If you really can't deal with him any more, express your displeasure with his progress and ask him if he will take payment for the percentage of square footage completed plus cost of all the materials (and him delivering all materials on-site to you with vendor's lien release) and walking away after you pay him and he gives you his lien release - he might take the offer and run, especially if the reason you are only getting 2 hours per day is because he overbooked and has more end of year prohjects than he can handle. If you ask for a discount for the hassle and the added cost and delay of getting another contractor in to finish the job, sounds like he might not and he will get offended as well. If you do release him, get lien releases from vendors, subs, and him - and be sure to get the scope / price modification in writing - and document what he has done up to now with dated photos in the file also. I don't think I would talk about replacing him till you consider a few consequences - 1) if he is bonded and you let him walk, you lose any opportunity to claim on his bond for completion because you have modified the contract to what he has done so far, which you could do now since substantially past contract period 2) if you let him walk, he undoubtedly will not honor his warranty 3) a lot of contractors will not take on a partly finished job, or if they do will not warranty it at all, and even then because it is a small job is likely to be way down on their backlog and priority list (which this time of year tends to be pretty long), so is going to take probably much longer than if you stick it out with this guy, if you can stomach him for that long and assuming he is not dangerous or actually abusive.

Answered 4 years ago by LCD




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