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Contractor has not completed work but wants final payment

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dpaul01

Junior Member
What is the name of your state? New Jersey

A contractor renovated my kitchen and bathroom last year, and after a tumultuous experience, finished, although with a few outstanding items.

Because he never came to complete these final items, I withheld $500 of a total bill of about $60k.

The floors in the kitchen have 2 areas of gouges in them because he installed the appliances after finishing the floors, despite the fact he stated he would install the appliances first to eliminate this possibility.

The shower head in the bathroom has been dripping all the time since installed. He purchased the shower head and warrantied it for us if there were problems. He also installed the shower.

There is an area where the kitchen was sheetrocked that is so poorly that it appears as if someone damaged the wall, which they did not.

I called the contractor as he was completing the job with this list and other items, some of which he fixed. I also sent him a standard letter outlining these items and my intent to pay once they were completed. He actually used my letter and crossed off the items as he worked them.

I did not receive a response for for the final items for 1 year until he sent me a bill this week for the $500 I witheld. I am confident he is preparing to take some action (lien, small claims). What next steps should I take to resolve this situation? I thought about re-sending the letter of outstanding items certified and registered to prove I have requested repairs to the outstanding items, and re-affirm my intent to pay once they are done. What else do you suggest?
 


Happy Trails

Senior Member
dpaul01 said:
What is the name of your state? New Jersey

A contractor renovated my kitchen and bathroom last year, and after a tumultuous experience, finished, although with a few outstanding items.

Because he never came to complete these final items, I withheld $500 of a total bill of about $60k.

The floors in the kitchen have 2 areas of gouges in them because he installed the appliances after finishing the floors, despite the fact he stated he would install the appliances first to eliminate this possibility.

The shower head in the bathroom has been dripping all the time since installed. He purchased the shower head and warrantied it for us if there were problems. He also installed the shower.

There is an area where the kitchen was sheetrocked that is so poorly that it appears as if someone damaged the wall, which they did not.

I called the contractor as he was completing the job with this list and other items, some of which he fixed. I also sent him a standard letter outlining these items and my intent to pay once they were completed. He actually used my letter and crossed off the items as he worked them.

I did not receive a response for for the final items for 1 year until he sent me a bill this week for the $500 I witheld. I am confident he is preparing to take some action (lien, small claims). What next steps should I take to resolve this situation? I thought about re-sending the letter of outstanding items certified and registered to prove I have requested repairs to the outstanding items, and re-affirm my intent to pay once they are done. What else do you suggest?
Send the letter again, telling him you will be happy to pay the balance when he completes the 'punch list'.
 

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