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Nancy Reed

Junior Member
What is the name of your state (only U.S. law)? Ohio

We hired a company to get rid of mold in our basement. We were originally told the job would take 3 days and now, 7 months, later, it has not been completed. The company is extremely unreliable. The guy we have been working with has been at our house 20+ different times and can't seem to complete the project. He is always late. Often times he will come and leave a few minutes later to go for supplies and return hours later, or not at all. Often times he doesn't show up in the first place. We rarely get phone calls when he is going to be late or not show up at all. This guy has told the owner that we are not making ourselves available to finish the job and that we are not returning phone calls. Believe me, that is a complete lie. We want this project completed more than anything right now. We have paid the majority of the funds but we still owe approximately $500. We are not going to pay that until the job is completed. How long do we have to give them to complete the job? We have verbally given them a time frame that we want it completed by and that has not been met. We want to just finish it ourselves and then not pay the balance. At what point can we do that? We are afraid that we will finish the job and not pay and then eventually they will want to be paid. We don't want to end up in small claims court but we want this project completed so that we can move on to other projects in our basement. Any advice?
 


seniorjudge

Senior Member
We never got a written contract(yes, our 1st mistake). Everything was verbal.
Are you a tenant?

If so, why are you paying for it?

Anyway, if you don't have a contract, then you are at his mercy.

Just tell him to do no more work and hope for the best.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Ohio

We hired a company to get rid of mold in our basement. We were originally told the job would take 3 days and now, 7 months, later, it has not been completed. The company is extremely unreliable. The guy we have been working with has been at our house 20+ different times and can't seem to complete the project. He is always late. Often times he will come and leave a few minutes later to go for supplies and return hours later, or not at all. Often times he doesn't show up in the first place. We rarely get phone calls when he is going to be late or not show up at all. This guy has told the owner that we are not making ourselves available to finish the job and that we are not returning phone calls. Believe me, that is a complete lie. We want this project completed more than anything right now. We have paid the majority of the funds but we still owe approximately $500. We are not going to pay that until the job is completed. How long do we have to give them to complete the job? We have verbally given them a time frame that we want it completed by and that has not been met. We want to just finish it ourselves and then not pay the balance. At what point can we do that? We are afraid that we will finish the job and not pay and then eventually they will want to be paid. We don't want to end up in small claims court but we want this project completed so that we can move on to other projects in our basement. Any advice?
**A: are you dealing with a licensed mold remediation contractor?
 
Nancy, when a contract is silent on the issue of time, then it must be completed within a "reasonable time." If you refuse to allow the company to finish the job, then the company's recourse will be to sue for breach of contract. If that happens, then you can defend yourself by claiming that the company breached the contract first, and therefore, your obligations under the contract are relieved. The judge will determine whether the company breached the contract by failing to complete the job within a "reasonable time." The judge will make that determination based upon the reason for the delays, the difficulty of the specific job, and the industry standards.

I don't know whether 7 months is unreasonable (it sure sounds like it is, particularly if you were told that it would take 3 days), but you can try to make that determination by getting quotes from other companies. You are certainly NOT at the company's mercy just because you don't have a written contract with a specific timetable.
 

Nancy Reed

Junior Member
We are the homeowner so that is why we are paying for it. The mold remediation company is licensed. In the beginning we got a quote form another company and the time allotment for the job was similar. Thanks so much for al of the advice.
 

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