Contractor taking too long!

[Haven2448]

What is the name of your state? California

I contracted a carpet/tile company to install granite countertops and tile backslpash in my kitchen (average 10 x 10). The contract stated the job would take 6 - 8 weeks; however, we are now in the 13th week and the countertops were barely installed 1 week ago and the tile has not been installed.

The contractors have repeatedly failed to show up for appointments they made with me to complete the job - citing someone called in sick, or their installer is MIA, etc. The tile order was wrong so they had to re-order it adding another week. I have taken several days off work... and hound them constantly as they don't follow up with me.

MY QUESTION IS: I already paid 1/2 of the job, and with all that has happened I feel I deserve a discount of at least 25%, so I'm willing to only pay 50% of the remaining balance. I'm planning on giving the contractor an ultilmatum once the job is done: I pay only half of what I owe, or I take them to small claims court. Do you think this is the right approach? Or should I go directly to small claims court? Do you think this is a solid case for small claims court and I have a chance of winning?

Thanks for your help!

 

[hexeliebe]

What does your contract state regarding failure to perform the job within the specified 6 to 8 weeks? Or do you have such a contract clause?

 

[Haven2448]

Hi, thanks for your time!

My contract does not say anything about a specified time period. The guy handwrote on the contract 6 - 8 weeks...

 

[HomeGuru]

What is the name of your state? California

I contracted a carpet/tile company to install granite countertops and tile backslpash in my kitchen (average 10 x 10). The contract stated the job would take 6 - 8 weeks; however, we are now in the 13th week and the countertops were barely installed 1 week ago and the tile has not been installed.

The contractors have repeatedly failed to show up for appointments they made with me to complete the job - citing someone called in sick, or their installer is MIA, etc. The tile order was wrong so they had to re-order it adding another week. I have taken several days off work... and hound them constantly as they don't follow up with me.

MY QUESTION IS: I already paid 1/2 of the job, and with all that has happened I feel I deserve a discount of at least 25%, so I'm willing to only pay 50% of the remaining balance. I'm planning on giving the contractor an ultilmatum once the job is done: I pay only half of what I owe, or I take them to small claims court. Do you think this is the right approach? Or should I go directly to small claims court? Do you think this is a solid case for small claims court and I have a chance of winning?

Thanks for your help!

**A: you need to put the contractor on notice now.

 

[Haven2448]

If I put the contractor on notice now before the job is done, I'm afraid he won't finish the job... I just want a $500 discount - I think it's only fair for the times I've taken off of work when they didn't show up... If I put him on notice, do you recommend I do it in writing... or show up to the place and try to talk to him?

Thanks again.

 

[lwpat]

"If I put him on notice, do you recommend I do it in writing"

It needs to be in writing and sent CRRR.

 

[HomeGuru]

If I put the contractor on notice now before the job is done, I'm afraid he won't finish the job... I just want a $500 discount - I think it's only fair for the times I've taken off of work when they didn't show up... If I put him on notice, do you recommend I do it in writing... or show up to the place and try to talk to him?

Thanks again.

**A: the notice I meant was a demand notice to complete the job by a specified date or be in default. And not that you would deduct money from his pay.