Chimney and subcontracting

[Curious2134]

We have a chimney that was a prefab. The siding was falling off and I heard about this company advertising on my preferred radio station - so I call them to come fix it. Great reviews, nothing I could find bad. They came with a drone and we looked the chimney all over with it. They said it had to be rebuilt and considering the rot, I agreed. I suspected that anyway. This was an opportunity for my wife to get her fire-place looking insert too. Everything had to be redone. Anyway, sounds good. We'll do that.

Then the chimney people subcontract out to a company who apparently only hires people from south of the border. The first of those were drinking in our yard, nails everywhere, no English AT ALL, and rolling up a construction blanket to sleep in our living room (in front of the job). It's all on our security cameras. I demanded those people not step foot on our property again. Then we got two different people from the save freaking subcontracted company.

I said look, I researched YOUR company and read YOUR reviews. I have no idea about these other freaking people. Their company name isn't even on the internet. Why in the world are you sending us them?

The chimney company I thought I was working with only has one mason they told me, and they are behind.

Getting to my question, is there some limit on WHEN someone you hire can subcontract the work you hired them for? Does it need to be specified in the agreement that the work will not be subcontracted?

Additional info:
The entire inside part of the fireplace had to be redone as well and the "shoulders" of the chimney. Raking, it looks like the foundation isn't installed per code so I am having an engineering firm come inspect the entire thing. It looks to me, as of right now, the entire 35K project has to be redone. I am certain the chimney company isn't going to agree. I'm so pissed.

 

[AlmostThere]

Curious2134 - please provide your state.

But in most cases, unless your contract prevents the use of sub-contractors, they are allowable.

 

[quincy]

According to posting history, Curious2134 lives in Missouri.

 

[zddoodah]

is there some limit on WHEN someone you hire can subcontract the work you hired them for?

Depends on the laws of the state where the work is being done and the terms of the contract. That said, it is generally the case that, if the contract doesn't expressly prohibit subcontracting the work, it's permissible.

Depending on what state you're in, you might be able to make a claim against the contractor's license bond.

 

[quincy]

The state is Missouri.

Curious2134, are you sure that those who worked on your chimney were not employees of the chimney company rather than subcontractors?

 

[Curious2134]

Yes I am sure. The second group of subcontractors who spoke English good enough, said the first group who we kicked off our property were their cousins who had only been in the country for 4 months. They supposedly don' speak to each other. I asked for proof of insurance of these people and I was sent a copy of the insurance statement naming the company - which was completely different than who we hired.

 

[Curious2134]

Depends on the laws of the state where the work is being done and the terms of the contract. That said, it is generally the case that, if the contract doesn't expressly prohibit subcontracting the work, it's permissible.

Depending on what state you're in, you might be able to make a claim against the contractor's license bond.

Missouri sorry - reading Angi's list yesterday, they mention the bond thing but I am very unfamiliar with the topic. Perhaps I should become more familiar.

 

[quincy]

Missouri sorry - reading Angi's list yesterday, they mention the bond thing but I am very unfamiliar with the topic. Perhaps I should become more familiar.

You should contact your local/county officials to see if a bond is required for contractors in your area. Missouri does not have a statewide bond requirement.

Essentially what a surety bond does is guarantees that the work a contractor performs meets all building code requirements.

 

[zddoodah]

Missouri

Unfortunately, Missouri does not require contractors to be bonded, but some cities in Missouri do. Here's https://www.suretybonds.com/states/missouri/contractor-license-bond' a list of locations where bonds are required.Are you in any of those cities (note that some are only for specific trades)?

 

[Curious2134]

Unfortunately, Missouri does not require contractors to be bonded, but some cities in Missouri do. Here's a list of locations where bonds are required. Are you in any of those cities (note that some are only for specific trades)?

No we're not. I've reached out to our county to see if there is any mechanism to enforce any building codes. The only thing I am worried about is the chimney's foundation just being a slab on the ground and not going to the freeze level - all being attached to the house. Everything else I can fix with minimal cost.

I have no idea if this company is bonded regardless of requirement. I'll be talking with them after the structural inspection but wish I knew beforehand. We're having a little dispute where I didn't want to make the final payment until the inspection but they charged my account anyway. They want any return to the property as being a warranty thing but I am saying I haven't completely accepted the work yet in regards to their pre-filled in customer statement on the invoice. No I don't agree to that bologna just yet so I disputed the final charge through my bank. I told this company twice on the phone when they called, and once in an email, I don't authorize any final charge until the inspection, November 8.

 

[Curious2134]

Just following up - the Structural Engineering report noted the flashing was wrong and suggested the foundation should have a process called concrete leveling due to not having the proper footing. After the report, the chimney company agreed to fix the flashing but not the footing. I went ahead and stop the dispute with the final payment since I wasn't going to win any argument. Either I redo the project, accept what they did, or see a lawyer and waste an untold amount of time and money for a remedy that probably wouldn't happen. It's lose-lose-lose in my view. Oh well. The wife does like the new insert appearance though.

 

[quincy]

Just following up - the Structural Engineering report noted the flashing was wrong and suggested the foundation should have a process called concrete leveling due to not having the proper footing. After the report, the chimney company agreed to fix the flashing but not the footing. I went ahead and stop the dispute with the final payment since I wasn't going to win any argument. Either I redo the project, accept what they did, or see a lawyer and waste an untold amount of time and money for a remedy that probably wouldn't happen. It's lose-lose-lose in my view. Oh well. The wife does like the new insert appearance though.

Thanks for the update, Curious2134.