To avoid these ads, REGISTER NOW!

Mr Contractor, you're fired (how to?)

davejo

Well-known member
Joined
Oct 29, 2015
Messages
277
Location
(VA)
We signed up with the wrong guy, didn't do our due diligence at the outset. We screwed up. I think we need to move on.

What are the proper steps needed going forward? Do we need a lawyer? My main concern is protecting ourselves from him claiming we owe him or others he had do work on the project.
 
To avoid these ads, REGISTER NOW!

Layvon

Member
Joined
Jan 25, 2017
Messages
20
If he offered you a detailed bid, pay him for the completed portions. If he's a decent contractor they will do it amicable otherwise the bad press will hurt them..

If he didn't offer you a detailed proposal use your best guess and knock it down a little cause they're going to round up!

Make sure to be reasonable and cover the materials that they purchased if you will retain them.
 

Holzarbeiter

Well-known member
Joined
Jun 22, 2014
Messages
212
Need more info to give an answer.

What was the scope of work?
Is there a written contract?
What did or didn't he do?
How far into the project?
 

gunguy

Well-known member
Joined
Aug 2, 2007
Messages
730
Location
Currituck Co. NC
Read the contract then read it again. Make sure you understand who is responsible for what. If subcontractors and suppliers are involved, you want lien releases. No point having them coming after you for payment after the original contractor is gone.

Jim
 

WhiffySpark

Well-known member
Joined
Oct 22, 2009
Messages
6,252
If he completed work, unless it is absolutely horrible and completely wrong you owe him
 

Jsf721

Well-known member
Joined
Dec 23, 2012
Messages
4,129
Location
LI, NY
I came close to firing an electrical contractor for failure to complete. He did about 75% of the work and never came back. I called, he promised and never showed. This went on for over 2 weeks with nobody on the job. I called his foreman who had been my on site contact and he said, I need to go where the boss sends me and the crew.

I sent a registered letter stating that I will pay him the agreed price less what I am billed by the person I get to complete your job unless you finish, and get the pass from the building inspector by ** date.

He called me and finished in the next few days. He was pissed as hell I did not pay him on he day he said he completed. I explained that as soon as the inspector passes his work he will be paid. Inspector passed the work. He was paid the day I got my pass and permit closed.

Il never use that guy again and I am pretty sure he would not do work for me again. That last day, I really though I was getting my **** kicked. He told me, in front of his guys, that if I don't pay today, he cannot make payroll for the crew. I told him you will be paid when I am sure its completed from the inspectors standpoint.
 
Last edited:

Dr Stan

Well-known member
Joined
Nov 17, 2016
Messages
496
Location
Owensboro, KY
Il never use that guy again and I am pretty sure he would not do work for me again. That last day, I really though I was getting my **** kicked. He told me, in front of his guys, that if I don't pay today, he cannot make payroll for the crew.

If he was running that close to the margin he should have been a one man operation, not someone hiring a crew. However I figure he was lying though his teeth and had the money in an account and just wanted to make you look like the "bad guy".
 

EOC_Jason

Well-known member
Joined
Jun 25, 2012
Messages
11,388
Location
Bentonville, AR
He told me, in front of his guys, that if I don't pay today, he cannot make payroll for the crew.

Yeah... oldest sad story in the book... Never heard that story before from a GC said NO PERSON EVER...

Besides if he was that pressed for money, he should have finished the job weeks ago.... :lol_hitti
 

Jsf721

Well-known member
Joined
Dec 23, 2012
Messages
4,129
Location
LI, NY
He was a bad guy, the person who recommended him was a builder, and an acquaintance of mine. He said he never had a issue with him. He must have spoken to him as months later I bumped into him on the train and he had a few choice words for me something to the effect, that I am still getting plenty of work from Jake, thanks for trying to take money off my table. I only wish you the same. I told him I only reported my exact experience to Jake.

This is a big dude, piss poor attitude and one of the reasons I installed cameras. :)

He did get the job done with zero issues electrically but he sucked to deal with.




If he was running that close to the margin he should have been a one man operation, not someone hiring a crew. However I figure he was lying though his teeth and had the money in an account and just wanted to make you look like the "bad guy".
 

Jsf721

Well-known member
Joined
Dec 23, 2012
Messages
4,129
Location
LI, NY
I don't know what he made but I did not hire him for a bargain, I hired him bc he was suppose to be good. I paid as much or slightly more than the other quotes I got.

If he was running that close to the margin he should have been a one man operation, not someone hiring a crew. However I figure he was lying though his teeth and had the money in an account and just wanted to make you look like the "bad guy".
 

rburke65

Well-known member
Joined
Nov 10, 2007
Messages
12,349
Location
Canfield, Ohio
There are so many things that can go wrong with a build....lots of things to consider. I also was probably lacking in covering my ****...but I was increadably lucky with my 20/20 hind site.
 

ddawg16

Well-known member
Joined
Jul 11, 2008
Messages
21,005
Location
S. California
My first question....does he have a contractors license?

In CA, if no contractors license, you don't have to pay them.

So...confirm he has a contractors license. If not...it's easy. Fire him. I'm sure even VA has laws regarding contractor licenses.

If he has a license...then write him a letter stating your 'concerns' and asking him for a written plan of correction.
 
To avoid these ads, REGISTER NOW!

LB-1911

ALLIANCE MEMBER
Joined
Sep 24, 2011
Messages
5,742
Location
Northwestern Il.
We signed up with the wrong guy, didn't do our due diligence at the outset. We screwed up. I think we need to move on.

What are the proper steps needed going forward? Do we need a lawyer? My main concern is protecting ourselves from him claiming we owe him or others he had do work on the project.

You need to start here

:see:

Need more info to give an answer.

What was the scope of work?

Is there a written contract?

What did or didn't he do?

How far into the project?

Edit to add
Pg 11 & 12 @ might prove informative
http://www.dpor.virginia.gov/upload... Should Know Before You Hire A Contractor.pdf

Good Luck
 
Last edited:

minytrker

Well-known member
Joined
Sep 19, 2012
Messages
1,390
Location
Brenham TX
I fired 6 contractors in less than a week on my house:

electrician
tile guy
sheet rock guy
painter
plumber
main general contractor

All for not finishing jobs on time. I gave them a list of items that needed to be fixed and told them I would pay them the remaining balance in cash on the spot. Those chose to argue and have excuses so I hired new ones who finished the job and fixed there mess ups.
 

DCarr2

Banned
Joined
Dec 12, 2015
Messages
1,339
Location
Akron NY
This is why when ever I do a job for someone, my contracts are EXTREMELY detailed. I write them out as if its going to be used in court.

I cant tell you how many times people blindly sign my contracts with out even reading it. I have now included a cover page with all my contracts with the words in capitalized big bold underline text to read the entire contract!

This stops 95% of the problems later on... For instance I did a job about 5 years ago, a Sears Kit house, with those huge soffits? On the back of the house, there was a screened in sun room, with custom made wood screens, which in the winter were replaced with storm windows. I explicitly asked more than once: do you want me to bid on painting those screens? 'No' was his answer.

So in the contract I made it a point, to point out that the sun room, screens and storm windows, and doors, were not included in my contract.

Jump ahead 6 weeks... (his job took 6 days, I planned 5, but life happens) I call him up sunday night and told him that we have clean up to do on Monday, and some minor things to fix that I am not happy with and we will be done.. He says 'What about the sun porch? that hasnt been touched? I said you didnt want us to do the sun porch, I asked you iif you wanted me to bid on that part and you said no' He said I thought that was included So I responded ' check the contract, its explicitly excluded per your original instructions'

needless to say he wasnt too happy at this point, the sun porch was an easy 1-2 weeks by itself given the amount of work involved, so it wasnt like I could just slap some paint on it and call it a day... the poiint is people need to read what they are signing, get clarification prior to signing. and if the contract isnt specific enuogh it needs to be incase there is ever a problem.

To the OP,

Write up a NICE polite letter stipulating whaat your not happy with. you dont have to say why. but its courteous if you do, and explain that you wish to terminate this agreement (put a date) and ask him for a job to date invoice.

this does two things: One, it allows him to not get screwed over on his costs, but doesnt make a profit, and two, it gives you a realistic number to compare too. For instance, if the contract is for $5,000 and his costs up to this point is $1800, but you were only planning to pay him $1500, now theres a problem.
 

Red05GT

Well-known member
Joined
Mar 29, 2010
Messages
438
Location
ohio
Most customers flip right to the last page of extensive contract and make their decision
based on "The Number". Because they have been told what "The Number" should be by
every Tom, **** and Harry, ( No disrespect to reputable Tom, **** and Harrys!) Many a
time I've had the customer who flipped to the last page and signed based on price, ask,
" wasn't such and such included? The well written scope of work is friend to contractor
and customer alike!
 

KRB52

Well-known member
Joined
Sep 25, 2013
Messages
2,650
We're on to page 2 and no "bang his wife" yet? What has GJ come to?
 

brownbagg

Well-known member
Joined
Mar 20, 2006
Messages
5,208
got to be very careful, I have seen contractor put in their contract, if they are release before job is completed, they get paid for total job, even the unfinshes part, and it does hold up in court
 

AJO

Well-known member
Joined
Dec 24, 2013
Messages
106
Get lawyer to go over contract with you and make a decision with lawyers advice. It is better to have the lawyer in on it at the get go then to bring him in after the fire works. Oh ya, and bang the GCs wife.:thumbup:
 
OP
D

davejo

Well-known member
Joined
Oct 29, 2015
Messages
277
Location
(VA)
She signed two contracts for two different projects. Paid deposit on each project. Contracts pretty vague in scope but some details for allowances and payment schedule, also completion deadline.

Project A went as far as a pad being graded. Completion deadline came and went. (September)

Project B has trickled along, he's 85% done.

When we realized completion deadlines were going to fail, we learned that his license is revoked and he's trying to file bankruptcy for the third time. Realizing that he is probably judgement proof, we agreed to give him more time to complete project B and that the deposit from project A would cover the completion costs of project B. So theoretically, he isn't demanding further payment. We have paid for a lot of the allowance items for project B.

He doesn't have the cash flow to get this done and we kept trying instead of walking away from our cash outlay.

I understand that the commonwealth attorney or state board would be happy to hear about unlicensed activity but does that carry with it hassles for us ie unpermitted work etc? I'd rather be done without having the county or state sniffing around the place here.

I'm a do it yourself guy so this was our first foray into hiring somebody for a project. Lessons being learned but I'm afraid of any landmines still in our path.
 

GMCGarage

Well-known member
Joined
Jan 31, 2017
Messages
1,264
I fired 6 contractors in less than a week on my house:

electrician
tile guy
sheet rock guy
painter
plumber
main general contractor

All for not finishing jobs on time. I gave them a list of items that needed to be fixed and told them I would pay them the remaining balance in cash on the spot. Those chose to argue and have excuses so I hired new ones who finished the job and fixed there mess ups.

That must have been expensive!! Did the contractors finishing the work warranty just their part of it? How did that all work?
 
To avoid these ads, REGISTER NOW!
Top Bottom