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Suing our building Contractor...

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sweek1

Guest
Washington State

In 2003 my wife and I hired a contractor to install a new bathroom in our unfinished basement. The installation required plumbing, electrical, and framing work. The contractor was licensed in the state of Washington, where we live. We hired him to begin by signing a handwritten Work Order.

After 4 weeks of observing his progress I had some concerns about the quality of work. We sat down and discussed how to correct some plumbing that, to me, looked inappropriate. I was assured this work was acceptable and we allowed him to continue working.

Several weeks later, after looking over the framing and cement work it was obvious that this contractor was not experienced, or able, to perform the work adequately. To that point we had paid approx. $20K. We excused the contractor and explained we were unhappy with the work and requested a refund for the past 4 weeks of work (~ $10,000). The contractor left and no refund was provided.

We then hired separate electricians, plumbers, and finishers to complete the bathroom work. Each worker identified and photographed the contractor’s work that would not pass inspection. A county Inspector confirmed that the previous contractors work did not meet standards. Ultimately, 80% of the previous work had to be removed and rebuilt resulting in an additional $20,000 construction costs.

We submitted large binders to the Dept. of Labor and Industries, County Courthouse, and the Bonding Company when we filed our claim against the original contractor, to recoup $12,000. The binder contained pictures of the work performed, original Work Orders and Change Requests, and copies of the cashed checks. A court date was set for Jan 10, 2005. I expected that on that date I would stand in front of the judge and explain our case; which seems pretty cut and dry.

However, on Nov 30, 2004 I received a ‘Order to Show Cause’ letter, stating that I had to appear on Dec 28, 2004 for ‘failure to prosecute this cause of action by filing a confirmation of joinder, a Statement of Arbitrability, or submitting an Order of Dismissal to the Court for entry.’

Now I am confused, and concerned. I assumed that after the initial filing there was no other work to be done other then preparing for our Jan 10 court date. Seems this is not the case.

Is this turning into a case that will require me to retain a lawyer? Any suggestions on what form/statement I should submit in order to ensure this case does go to court?

Thank you for your assistance.
 


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sweek1

Guest
Re: Suing our building contractor

Update: I just walked down to the courthouse and got the phone # and email of the Judges' Assistant/Clerk. I've sent an email asking for her assistance in determining what I need to do to ensure this case can proceed.

I've downloaded a copy of the Confirmation of Joinder and Statement of Arbitrability forms.

My lingering question is if I should consider hiring a lawyer to ensure I do not miss these types of filings in the future. Any counsel on how best to bring a successful claim against a contractor who has performed shoddy work? Or has my failure to provide these forms left me out of luck, and I can only default?

Thanks
 

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