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Question DetailsAsked on 9/24/2016

We are 18 months into a renovation contract that was supposed to take 6 mos. (per contract). what are our options?

We are 1year past completion date of contract for renovation and contractor has not been at the property for three months. How can we get him to complete the project? Can we contact other jobs he is working on and let them know about our experience, and post online complaints?

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1 Answer


Talking to other customers (if you could find out who they are - would be tough) is likely to just tick him off, and could get you into a lawsuit for slander/libel/business interference/harrassment - and does nothing for your case.

You are WAYYYYYY to slow taking action here - should have taken action after he stopped "productive prosecution of the work" like not more than 2-4 weeks after last work unless he gave proof of delay beyond his control like late cabinet or window delivery or such - but you probably already know that.

I would send a "certified return receipt signature required" letter to him (and keep a copy with the mailing and return receipts in your file, along with any other documentation and eMail/texxt printouts) demand resumption of work in earnest within say 5 or 7 days and completion by X date (some reasonable amount of time considering amount of work to be done) or you will terminate him. Then see what happens by that date.

Or alternatively, if you do not think he can or will complete the work in a workmanlike and timely fashion, you can call his Bond - demanding his bonding company get another contractor on board to finish the work. Generally, if you have not given the contractor an ultimatum demand, unless there is a specific default clause in the contract which he has violated (and you can document that), they will not take action until you have done so. He was bonded, right ?

Final solution - and most costly to you - sending him a "certified return receipt signature required" Notice of Termination for non-performance (hopefully the 6 months completion period was in the contract in writing ?) and then hassling out with him the payment amount or refund amount due him/you as applicable, and then get another contractor to finish the job. Note this option (taking into account amounts paid him and the new contractor) will generally cost significantly more than the original contract amount, so you lose - generally better off going with calling his bond to get the job done because they are bound by his original contract price - i.e. you pay the remaining due on the original contract to them (after a bunch of paperwork) and they pay the remaining necessary to have another contractor finish the job, then they recoup from the original contractor.

And of course, if he is way ahead of you on payments, you might talk to the consumer fraud agency or person at the district attorney's office about whether this guy is a known scammer - starting a job and then skipping out once he has received a large payment ? If you are "ahead of him" - owe him money for work he has done, then you are more in the driver's seat.

Don't forget to get lien releases from jhim, his subs, and hjis major materials suppliers before the contract is officially terminated or you sign a bond release.

Final thing, after all is said and done - post an appropriate but not legally dangerous Review on Angies List.


Here is another similar question with somewhat the same answer, but maybe a few details I did not cover here -

Answered 4 years ago by LCD

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