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Firing a contractor: Help!

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cgrayjr

Junior Member
What is the name of your state? Florida

I hired a contractor on Dec 14, 2004 to do some repair work after we got nailed by a hurricane. The written agreement was that he would do the work for the amount that our insurance paid us. He required the money up front before he would begin any work. Once he was paid, about $8,250, it took him almost 3 months (work began Mar 9, 2005), much longer than the week he originally promised, to begin the work. The only reason he started then is probably because I called a state investigator with the Dept. of Business and Professional Regulation that a friend of mine had dealt with. During the roofing process, we had additional damage caused because his roofing work was not complete when we got some rain. After the roof was complete, it leaked, and after notifying him, he did not send anyone out to fix it, and I had to do the repairs myself. He did pull a permit, but he has not requested an inspection by the county, and it’s coming up on 3 months since the roof has been completed, and the work is very questionable. I tried to get the county to inspect it, but they required the contractor to file the request.

He was then supposed to replace the insulation in my ceiling and repair the drywall ceilings. All that I have been able to do get him to do is paint some of the ceilings, none of which are complete. The painting cause damage to our furniture, cabinets, floors, and anything else not properly covered with drop cloths. I tried to get him out to show him the damage but he never did show.

I sent him a letter via certified mail telling him that he has until June 30 to either complete the work and repair the damages he caused or to refund the money for the work not completed. He received it Tuesday at 1:01 p.m. I gave him 48 hours from receipt of the letter to respond to it, and it has been over that time.

What I want most is to get rid of this guy, but I want to do it in a way that he can’t legally come after me. I owe him no money for work completed, as I have paid him more than the work that has been completed cost per our agreement. I have not paid him the total amount of the contract (I still owe about $4,300), but I’m not about to do that when the work done so far is horrible and he is unreliable at best, cancelling appointments to do work all the time.

Here are my questions:

1) How can I go about “firing” this guy? He has caused more damage, and the quality of work to our house so far is very disappointing and is taking way too much time. In the letter, I stated that if he did not reply to the letter within the allotted time that I would fire him and begin the procedure to recover my losses.

2) What are the chances of getting my money back? I know he probably won’t just give it back. Would it be worth hiring an attorney to recover ~$3,500?

The contractor was licensed at the time of the roof being replaced, but it has since expired. His business insurance expires on June 20th, and I don't want him working in my house without it. I noticed that after sending the letter, otherwise I would have included that.

Any other input would be great. I had never hired a contractor before, let alone fired one. Thanks a bunch!
 
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