The Never ending renovation

[bossjimmark]

What is the name of your state? What is the name of your state? New Mexico

I signed a contract with a contractor in New Mexico 2 years ago for a job that was to take no more than 6 months. It has been 2 years and he is only 50% done. I NEED ADVICE!!!
So here's the short version....
About 2 months into the project, we realize the contractor ordered 11 wrong windows and installed 5 of them. Even though he bought the windows (his name was on the purchase order), as a consolation I agreed to buy the windows in exchange for him not charging the labor for the tearout and reinstall.
After that everything went pretty quickly downhill. He started not returning calls. He would say that he is busy with other projects and was looking to buy time. He would make empty promises. Then when we would fly out to visit the house (and consequently see no work done), he would make it up with empty promises.
Well, it has been over two years, the house is completely torn up with no running water and I can't even get him to call me back.
The last time I spoke with him (5/14/2004) he said that he would finish the work if I promised to pay him the remaining $2-3K on the job when he finished. I agreed (as he still has over $25K worth of material and labor left to finish). I asked him to provide an amendment we could sign to do this. I haven't heard from him since.
HELP!!!!!
I will gladly do whatever it takes to finish this house. I am anxiously waiting this house to be done so I can move. If I have to go to court then so be it.

 

[Peety]

Once again .....

Does your contract stipulate a start date ??
Does your contract stipulate a completion date ??
Does your contract stipulate what will happen if that time period is not adhered to?
Does your contract stipulate penalties for delays caused by the contractor ??
Does your contract stipulate penalties for delays caused by you ??

If not, it should have !!

With that said, two years is way beyond reason. They build hospitals and skyscrapers in less time that that. Contact your Contractor State Licensing Board. See if and how they can assist you. It's kinda like dealing with a kid and then calling his dad.

A final note: If you agree to pay him "upon completion" ..... make sure it (your addendum to the original contract) stipulates that payment is not due until one "business day" after a "final inspection" has been passed, and that it has been verified in writing that the project is "signed off" by the Building Department. Verify this information with the Building Department directly before making any final payment(s). Better yet, witness the final inspection personally (without your checkbook of course) then wait a day to make payment.

 

[HomeGuru]

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