Do I have a case against my contractor?

[Siurc]

What is the name of your state (only U.S. law)? Washington

I signed a contract with Home Depot to have my siding done, roughly $11k with 25% due up front. The contract has the work to begin on 7/10/17. Work was later rescheduled for 8/1/17. I was told to take apart parts of my deck in order to perform siding work, which I did. On 8/1/17 they dropped off all the material but rescheduled the work. On 8/16/17 I was told that they had no one qualified to do the work and that it would begin at 8/28/17 at the latest. After numerous cancellations I was no longer able to contact the team, which I believe is intentional. I have called, emailed, and filed complaints numerous times without any answer. The material in my yard has been sitting for over a month in the elements and most likely has killed my lawn. My deck remains torn apart in anticipation of work. I believe they mislead me in signing a contract for work that they knew they could not complete on 7/10/2017 due to not having anyone qualified to perform work. Repairs are essential and time sensitive. I am not sure if I can hire another contractor to perform work in time.

 

[quincy]

What is the name of your state (only U.S. law)? Washington

I signed a contract with Home Depot to have my siding done, roughly $11k with 25% due up front. The contract has the work to begin on 7/10/17. Work was later rescheduled for 8/1/17. I was told to take apart parts of my deck in order to perform siding work, which I did. On 8/1/17 they dropped off all the material but rescheduled the work. On 8/16/17 I was told that they had no one qualified to do the work and that it would begin at 8/28/17 at the latest. After numerous cancellations I was no longer able to contact the team, which I believe is intentional. I have called, emailed, and filed complaints numerous times without any answer. The material in my yard has been sitting for over a month in the elements and most likely has killed my lawn. My deck remains torn apart in anticipation of work. I believe they mislead me in signing a contract for work that they knew they could not complete on 7/10/2017 due to not having anyone qualified to perform work. Repairs are essential and time sensitive. I am not sure if I can hire another contractor to perform work in time.

I suggest you let Home Depot know that they have breached the terms of the contract by not starting the work as agreed and that you intend to have another company complete the work. You will bill Home Depot for damages incurred as a result of the delay.

Before doing any of this, however, read over your contract with Home Depot carefully. See if there are any clauses in it that address work delays, refunds, cancellations.

Good luck.

 

[latigo]

What is the name of your state (only U.S. law)? Washington

I signed a contract with Home Depot to have my siding done, roughly $11k with 25% due up front. The contract has the work to begin on 7/10/17. Work was later rescheduled for 8/1/17. I was told to take apart parts of my deck in order to perform siding work, which I did. On 8/1/17 they dropped off all the material but rescheduled the work. On 8/16/17 I was told that they had no one qualified to do the work and that it would begin at 8/28/17 at the latest. After numerous cancellations I was no longer able to contact the team, which I believe is intentional. I have called, emailed, and filed complaints numerous times without any answer. The material in my yard has been sitting for over a month in the elements and most likely has killed my lawn. My deck remains torn apart in anticipation of work. I believe they mislead me in signing a contract for work that they knew they could not complete on 7/10/2017 due to not having anyone qualified to perform work. Repairs are essential and time sensitive. I am not sure if I can hire another contractor to perform work in time.

Before you start looking for another contractor there are a number of things that need to be considered. And number one on the list is that you consult with your attorney before taking any action. But since you are here these are my thoughts.

Hind sight is always 20-20, but what should have happened ideally is the HD would be given a start up date and a completion date with attaching penalties for any delay. As it is and under normal circumstances HD would have a reasonable time to complete the job. But this is not a normal situation in that sense because HD has admitted not only that they are unable to start up in a reasonable space of time but that it cannot provide the needed labor.

It cannot arbitrarily split the $11k into labor and material and hold you liable for the material. Although it may try.

And don't be deceived to believe that Home Depot can't find a siding contractor to install the siding. The truth is they can't find anyone to do the job at the price they are willing to pay. Which means that you aren't going to find a reputable contractor willing to do the job at the cost of labor written into your contract with HD.

Do you see my point? My point is that you must not attempt to rework the contract with HD with the goal of you paying for the labor. Not unless HD is willing to adjust the bottom line of their contract to accommodate the cost of outside labor. And you have a firm commitment for that labor cost from a reputable contractor.

But please talk to your own attorney. He may think it best to declare the deal is as a wash and demand that HD refund the up front and remove their material.

 

[ALawyer]

Consider Non-Law Related Measures

You've already received some good advice, and another thing that you may want to consider is that what likely matters most to Home Depot senior management is reputation.

A story like yours should make any responsible manager cringe, and the possibility of media coverage should make senior management squirm. Is there is a local TV station that has a consumer helpline? If so contact them. Your story would make for wonderful TV coverage as it has visual elements plus no fault or wrongdoing on your side. Ditto a local newspaper.

Finally, as most large companies cherish their reputations, why not write a letter and send it -- with pictures and copies of the correspondence -- to the CEO of Home Depot? My guess is that the local store manager is a jerk, and senior corporate management would do their best to make things right.

 

[LdiJ]

You've already received some good advice, and another thing that you may want to consider is that what likely matters most to Home Depot senior management is reputation.

A story like yours should make any responsible manager cringe, and the possibility of media coverage should make senior management squirm. Is there is a local TV station that has a consumer helpline? If so contact them. Your story would make for wonderful TV coverage as it has visual elements plus no fault or wrongdoing on your side. Ditto a local newspaper.

Finally, as most large companies cherish their reputations, why not write a letter and send it -- with pictures and copies of the correspondence -- to the CEO of Home Depot? My guess is that the local store manager is a jerk, and senior corporate management would do their best to make things right.

This advice is really spot on. I have found that corporate management gets really on top of these kinds of complaints, and even complaints that are much more minor as well.