Sub abandons work on deck, GA dragging feet

[Garrick27]

What is the name of your state? MD

First, I'll mention that I don't have a large contract - I have a receipt that shows the details (16X24 deck, composite, elevated 96") with the payment details - half down etc etc.

The sub that I used is the company that put up my fence - they did pretty good work so I asked if they did decks - he indicated yes, they were subbed through a company here in MD. I checked the website and it looked pretty solid, so I asked for an estimate.

We agreed and I put my money down and got my recpt/bill of sale. Work was slow and sloppy and when I pushed the sub on the matter, he admitted he didn't have the GA onsite, or anyone else that knew how to 'do decks'. I immediately demanded he get someone onsite to take care of this, and for a few days they had a guy that seemed to get things together.

He was very slow in getting to my deck as he claimed he had many other things going on and 6 months later I was still in construction.

Then he just stopped showing up. We had given him checks (all made out to the GA) as draws (2000.00 additional over the half downpayment, and he's just left).

NOTE - the deck has failed 3 inspections at this point, and they never have the drawings onsite; the inspector tells me the next inspection will have HIS boss onsite because he's uncomfortable passing on the work as it is so shoddy and out of code.

I contacted the GA and he seemed apologetic and promises to fix everything. I detail all of the issues in emails, and I provide copies of the field correction notices left by the inspectors.

He tells me the sub was one of his partner's brothers and that he (the GA) never really saw any of the cash - I tell him that's great, but his company is who's recpt I have and the checks are made to him, so I really need him to take care of this.

I won't detail all of the issues with the deck but trust me, its daunting - everyone I have had look at it (including the guy the GA sent over to get a list of what needed doing) has told me to just get it tore down and get my $$ back.

The GA begins work, but only shows up sporadically - I am patient with him, but insistent. He advises me they are almost done with the work, but I send am email and call him telling him to not have it inspected - there are still many things not correct.

He has it inspected anyway - he just wants it out of his hair I guess - and it fails... really badly this time. He hasn't left the drawings and the inspector gets his bosses (both of them). They are stunned - the deck can be moved side to side with their hands, posts are two feet too short (so the railing is connected with hollow plastic etc); the beams below are not adequate; the stairs are listing to one side, and the fasteners were initially put in with non-galvanized nails, that need to be completely removed (a partial list of issues).

They tell the GA to get a structural engineer to come out and detail for them everything that needs to be done to fix it. So it has failed 4 inspections at this point and I am asking the GA to just tear it down and give me my $$ back. He is reluctant but has said he will see what he can do.

I've told him I will assist as a witness etc for any litigation he needs to put into play on his sub, but I want my money back - they cant fix what's there and frankly I have no confidence in their ability to do so even if they were willing.

Also, the sub offered to do a deck for my next door neighbor after he was done with mine - he took 4000.00 of his money and of course has never come back - isn't that criminal??

I am anticipating that he (GA) will not be willing to give me a refund, so will I be able to sue him? I don't want anything extra - I am taking a loss in fact (interest on the loan we took to pay for this 1.25 years ago). The total I have paid the GA at this point is 6000.00

Sorry for the huge post - its a mess and I wanted to be as detailed as possible.

EDIT: GA should be "GC or General Contractor" anywhere listed above.

[lcannister]

If small claims in your area is 5K I'd go that way to recoup. HOWEVER, is this person properly licensed for your state? You might persue that. Sounds like they ATTEMPTED (yeah right) to fix your issues so it might not be fraud but simply shoddy work, I do not know that for sure.

[Garrick27]

The GC is licensed definitely - the sub (I found out later was not - which is why he was subbing and not going direct.