plumbing contractor missing in action

[akosz]

What is the name of your state? NY

last october i signed a contract to have my sewer line replaced. it called for half the money up front and half upon completion. i paid the first half, the plumber did about half the work and then disappeared. when i call he doesn't answer but leaves messages on my home answering machine when i'm at work saying that he'll "be there next week". he never is.

it's been over 8 months since he's done any work. there was no end date on the contract. is there anything i can do?

akosz

 

[HomeGuru]

What is the name of your state? NY

last october i signed a contract to have my sewer line replaced. it called for half the money up front and half upon completion. i paid the first half, the plumber did about half the work and then disappeared. when i call he doesn't answer but leaves messages on my home answering machine when i'm at work saying that he'll "be there next week". he never is.

it's been over 8 months since he's done any work. there was no end date on the contract. is there anything i can do?

akosz

**A: and when did you send a demand letter to complete by a certain date or be in default via certified rrr mail? And why did you not already file a complaint with the contractor's license board. And lastly, why did you sign such a contract with no completion date?

 

[nextwife]

Does he belong to any professionsal trade groups? Groups like NARI and the various state builders organizations will offer arbitration if complaints are placed through them, and DO drop memberships of members who have unacceptable business practices or shoddy work.

 

[HomeGuru]

Does he belong to any professionsal trade groups? Groups like NARI and the various state builders organizations will offer arbitration if complaints are placed through them, and DO drop memberships of members who have unacceptable business practices or shoddy work.

**A: good idea. Is not the main association the NAHB?

 

[nextwife]

Yes, HG. Well, I was thinking that this contractor may deal more with home improvement than new construction, based on the type of job he contracted for. If this guy deals mostly with existing, he might be more likely to belong to a remodelers and home improvement trade group, than the Builders Association. Some contractors just cannot afford memberships to both.

Anyway poster, here are links, so you can check membership status (if it's not in their Yellow Pages ad) and find your local chapter:

National Association of the Remodeling Industry, Inc
http://www.nari.org/

The National Association of Home Builders
http://www.nahb.org/

 

[HomeGuru]

Maybe the contractor belongs to a plumbing contractor's association instead.

 

[akosz]

**A: and when did you send a demand letter to complete by a certain date or be in default via certified rrr mail?

How can I tell him, he would be in default if there's no date on the contract?

Also, just a general question: How can you prove the contents of the certified rrr mail? Sure you get the little green card back saying that the recipient received some kind of correspondence from you, but how do you prove what that correspondence was?

And why did you not already file a complaint with the contractor's license board.

Because I don't know what board does the licensing, and I don't know where to find out. That's why I posted my question here.

It doesn't seem like New York State licenses at a state level, not from what I've been able to find so far. It seems to be done at a city/town level. If that's the case I'm probably screwed because this guy is in good with our city government.

And lastly, why did you sign such a contract with no completion date?

I knew this was coming. But yes, it was a stupid mistake. All I can say is that it's tough to think straight when you've got sewage backing up into your home, when you're afraid to flush a toilet or run water in the sink. I had called about 10 other places, who all said they were too busy and/or booked up for weeks. I didn't have that kind of time. I needed somebody who could start immediately.


akosz

 

[nextwife]

"Because I don't know what board does the licensing, and I don't know where to find out. That's why I posted my question here.

It doesn't seem like New York State licenses at a state level, not from what I've been able to find so far. It seems to be done at a city/town level. If that's the case I'm probably screwed because this guy is in good with our city government."

Have you tried CONTACTING your municipalities building inspection deparetment to see if he pulled a permit? To ASK what the licensing body is for plumbing contractors in your area? Contacted your state government to ask if they can direct you to the correct entity?

 

[HomeGuru]

Very good nexie. Handholding is needed sometimes.

 

[akosz]

i sent this guy a certified rrr letter asking him if he intended to finish the project and to respond with a completion date.

he didn't sign for the letter and it was returned to me.

the city said they can't tell me anything and it's a civil matter.

 

[HomeGuru]

i sent this guy a certified rrr letter asking him if he intended to finish the project and to respond with a completion date.

he didn't sign for the letter and it was returned to me.

the city said they can't tell me anything and it's a civil matter.

**A: then sue his assets.

 

[akosz]

sue for what? on what grounds?

he owes me work, not money.

 

[HomeGuru]

sue for what? on what grounds?

he owes me work, not money.

**A: you would sue for breach of contract, deceptive trade practices, specific performance.............