What is the name of your state?What is the name of your state? GA
We contracted with a home remodeling and repair company to build a master bedroom and bathroom onto our home. The job was supposed to take 12 weeks, instead it took 19 weeks. They did the plumbing for the bathroom, it was done wrong and everything leaked. After 4-5 tries, they were unable to fix the leaks and I called a plumber. The bill was $132.00. They refuse to pay it. I think their defense is that they have to be given the oppurtunity to fix things (they tried for 4 weeks). There is a 1 year warranty in the contract. I think this may be a "material breach of contract"? I've sent a complaint to the BBB and they won't answer it so my only recourse is to sue in small claims court. I need advise on what I can sue for:
background information:
original contract amount: $39,920.00
estimate amount: $39065.73
costs: $44047.65
amount from cost breakdown sheet: $38914.73
Change orders: $3,345.00
additional market fluctuated material cost: $2,575.28
final bill: $48,246.92
My costs:
Plumber: $132.00 After 4-5 tries, they couldn't fix the leaks. They aren't even licensed. I just crawled under there again and there is a MAJOR leak. I will not have this contractor back at my house again and will call my plumber again.
Lawyer: $941.00...because he insisted on final payment before the plumbing and other problems were fixed, I had to stop payment -he wouldn't leave my house without a check. The last thing he said was "I'm an honest business man". Also, I thought general contractors wanted to supervise the job.The only times I saw him was when he wanted money. Whenever I had I question or concern, he laughed and told me to talk to the workers. I tried, but I don't think I ever saw the same one twice.
home inspector: 175.00...there were so many problems, I had to make sure everything was checked out. Plus, during the final walkthrough, the GC refused to fix anything he didn't want to. For instance, the marble threshold was broken, but the GC thought that I was just being "picky" about it. There were many other things he refused to fix by saying I was picky.
He said we had to re-install the chain link fence ourselves, but they've taken all the posts and won't return them.
They won't return one of our window shutters we needed.
We were charged twice for termite treatment... $100 + $225. This is for a 24'x 22' room. And he used a one man company that wasn't the one we had a contract with for the rest of our house. GC lied and said he didn't know people had termite contracts. I called around and one of his references said he was lying.
We bought many fixtures ourselves ($1,000), but they weren't deducted from the original contract amount. GC says we benefit because they aren't added into the "costs". I thought costs only show his profit or loss?
GC got mad at me one day about the plumbing, slammed my front door and cracked the glass. I wanted to see if the warranty would cover it since GC won't, but he won't give me the warranties. Most were thrown away by the workers.
He refuses to give me invoices and even refused to give them to my attorney. He said he had "profit" in there. Exactly where does profit come from? Everybody deserves profit, but does it come from jacking up the cost of materials or where? I don't have the attorney anymore. He said his fees would cost too much and I should take him to small claims court.
He charged $2400 in "market fluctuated increase in cost of material." But refuses to provide any proof.
Thank you for any advice.
We contracted with a home remodeling and repair company to build a master bedroom and bathroom onto our home. The job was supposed to take 12 weeks, instead it took 19 weeks. They did the plumbing for the bathroom, it was done wrong and everything leaked. After 4-5 tries, they were unable to fix the leaks and I called a plumber. The bill was $132.00. They refuse to pay it. I think their defense is that they have to be given the oppurtunity to fix things (they tried for 4 weeks). There is a 1 year warranty in the contract. I think this may be a "material breach of contract"? I've sent a complaint to the BBB and they won't answer it so my only recourse is to sue in small claims court. I need advise on what I can sue for:
background information:
original contract amount: $39,920.00
estimate amount: $39065.73
costs: $44047.65
amount from cost breakdown sheet: $38914.73
Change orders: $3,345.00
additional market fluctuated material cost: $2,575.28
final bill: $48,246.92
My costs:
Plumber: $132.00 After 4-5 tries, they couldn't fix the leaks. They aren't even licensed. I just crawled under there again and there is a MAJOR leak. I will not have this contractor back at my house again and will call my plumber again.
Lawyer: $941.00...because he insisted on final payment before the plumbing and other problems were fixed, I had to stop payment -he wouldn't leave my house without a check. The last thing he said was "I'm an honest business man". Also, I thought general contractors wanted to supervise the job.The only times I saw him was when he wanted money. Whenever I had I question or concern, he laughed and told me to talk to the workers. I tried, but I don't think I ever saw the same one twice.
home inspector: 175.00...there were so many problems, I had to make sure everything was checked out. Plus, during the final walkthrough, the GC refused to fix anything he didn't want to. For instance, the marble threshold was broken, but the GC thought that I was just being "picky" about it. There were many other things he refused to fix by saying I was picky.
He said we had to re-install the chain link fence ourselves, but they've taken all the posts and won't return them.
They won't return one of our window shutters we needed.
We were charged twice for termite treatment... $100 + $225. This is for a 24'x 22' room. And he used a one man company that wasn't the one we had a contract with for the rest of our house. GC lied and said he didn't know people had termite contracts. I called around and one of his references said he was lying.
We bought many fixtures ourselves ($1,000), but they weren't deducted from the original contract amount. GC says we benefit because they aren't added into the "costs". I thought costs only show his profit or loss?
GC got mad at me one day about the plumbing, slammed my front door and cracked the glass. I wanted to see if the warranty would cover it since GC won't, but he won't give me the warranties. Most were thrown away by the workers.
He refuses to give me invoices and even refused to give them to my attorney. He said he had "profit" in there. Exactly where does profit come from? Everybody deserves profit, but does it come from jacking up the cost of materials or where? I don't have the attorney anymore. He said his fees would cost too much and I should take him to small claims court.
He charged $2400 in "market fluctuated increase in cost of material." But refuses to provide any proof.
Thank you for any advice.