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Wondering next steps with shady contractor...

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MrsHenderson

Junior Member
What is the name of your state? California

Despite checking license and references (and interviewing 6 contractors before we hired one), we're having serious probelms with the company we hired to do two bath remodels. The job was to be done in 2 phases, the messiest phase (demo, tile, plumbing, toilet & cabinet installation) while we were out of town for 15 days. We were assured everything was "on schedule" and were promised a tile guy with "30 yrs. experience, so don't worry." We returned home to find the demo complete, but the tile work only 1/4 complete. They said they needed another day, then the weekend....it's been 10 days, the work is still nowhere near complete, and other issues have come up since then. We realized, after an adittional week of work that the guys who were working on our remodel we're not the experienced crew we were promised and the tile work was shoddy (crooked seams, walls & grout lines - very DIY style - although I think I could have done a better job, but I'm 7 mos. pregnant and have a toddler so now wasn't the time for me to be laying tile). We demanded a new crew with experience to finish the job which they agreed to - although we're not sure how far back they'll go (I want them to tear it down and start over) before they move forward to finish, We also realized that although it stated in our contract work was to be permitted, they never pulled the permits. We did that yesterday and they are supposed to prep for the inspector and move forward. My questions are the following:

We have paid them about 1/2 the $12,600 we agreed to pay them (this does not include materials) before they started. Because I am due to give birth in 8 weeks, I am not in a position to fire them and try to find a decent contractor to finish the job much less start the job over. We really just want the bathrooms to be complete, but don't fully accept the work as it is. Can we sue them when it's all done, or withhold a portion of the final payment if we are not satisfied with the work and let them sue us? We can back up our claim that the walls are not straight with professional opinions. If you want you can see some of it yourself:

http://share.shutterfly.com/action/welcome?sid=8CcsWLRu2aMWm

Do they have any legal obligation to the contract which states, "Phase 1 must be completed during the 15 days we are out of town." Since our return, we have been living in a beach shack with no heat, not indoor shower & no stove - and after Sunday, we need to find another place to live as the graciousness of the owner to let us stay here has come to an end (it will have been 2-1/2 weeks - a very generous stay despite fair conditions).

Can we withold any portion of the payment because the contract also states work was to done with permits and they didn't pull them which has also caused delays.

Anything else I'm not thinking of...

Who do we report them to after this is all said and done, beside the BBB?

What is their bond for?

Thanks in advance for any adivce :)What is the name of your state?
 


lwpat

Senior Member
What is their bond for?
Did they provide you with a performance and payment bond or did you fall for that old "licensed and bonded" trick?

What demands have you made in writing? Have you informed them of the damages they are causing? If you intend to collect any damages or withhold money you need to document.

Check with the local codes department about the permits and to be sure these guys are actually licensed. You can report them to the licensing board.

Despite the problems, you are probably better off to give them a time limit to correct the problems and then terminate the contract. See what options you have under the contract.
I would also get a professional home inspector to view the work to back up your claims.
 

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