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Contractor check

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What is the name of your state? Missouri

We had our water pipes freeze and burst Dec 23, 22. Water all through kitchen and another bust in the ceiling the floor below. Called our insurance agent to start a claim who recommended a company to stop the leakage. We called them and paid for all stoppage and mitigation.

Afterwards, we verbally hired this company to continue with the insurance paid repairs. We paid half up front and the other half was suppose to be after the job was done. That's been months and months with our home a construction zone and the contractors damaging items that weren't damaged before. Also painting trim a color that wasn't the prior color in rooms, painting stuff that wasn't even in the original scope, and face nailing the brand new hardwood everywhere. Items they recognized they messed up weren't redone, and we still have to redo.

Most of this we didn't know until last night. They left yesterday after my wife wasn't accepting the childish paid job on the island cabinets. Demanded payment, we wrote a check and they are gone - don't come back.

Then we've been picking up, putting furniture back, and pulling paper that was taped covering the floor... and good Lord. We're worse off now than directly after the water damage. I spent all day itemizing and figuring either exact cost replacement of damaged items or as good an estimate I can source and we asked them for that amount back so that we can recover from their work. We don't expect them to agree.

Wife is wondering if this coming Monday morning, we can stop payment on the check we wrote Friday night and re-issue them a check for an undisputed amount. When we come to an agreement on the rest, we'll take care of that then. We're afraid if they cash the full amount, we will be hung out to dry and the only resolution is hiring a lawyer.

Is cancelling and re-issuing a check for a lessor amount an option we can legally do? It doesn't go through our bank until Monday. Thanks
 


adjusterjack

Senior Member
Wife is wondering if this coming Monday morning, we can stop payment on the check we wrote Friday night and re-issue them a check for an undisputed amount.
I'm sure you have the ability to do that. But the risk is that the contractor refuses the lesser amount, puts a lien on your home, and sues you for the full amount (breach of contract).

We're afraid if they cash the full amount, we will be hung out to dry and the only resolution is hiring a lawyer.
That's exactly what will happen.

I suggest you talk to a lawyer before you stop pay. If you have to sue the contractor you'll be the good guy suing the bad guy. If the contractor sues you, he'll be the good guy suing the bad guy.

It's unfortunate that it works that way with the contractor having your money.

I want you to read the following thread and see how the poster did a chargeback on his credit card (similar to a stop pay) and is now facing criminal charges.

Arrest Warrant for Chargeback | Forum.FreeAdvice.com

I don't know if Missouri has a similar theft statute. A lawyer can tell you that. Bottom line - You have legal remedies for the shoddy workmanship through the legal system. What you are proposing is not one of them and entails considerable financial risk.

That being said, have you reported the situation to your claim rep? That your insurance company referred you to the contractor may give the insurance company some responsibility to pay for the corrective repairs.
 
Thank you for your replies. I'll call a lawyer in the morning and check with out insurance to see if they offer resolution.
 

LdiJ

Senior Member
I am not sure that it is a good way to resolve it either. However, they never should have paid the final payment at all. I am just finishing up on the fire damage to my house and the adjuster reminded me over and over again not to make the final payment (no matter how hard the contractor pressured me) until the job was 100% complete and to my satisfaction, AND that they had done everything included in the estimate.

They have not completed everything (even though we have moved back in) and they are having to redo some things that they did wrong. In addition, they did not do several relatively expensive things that they included in the estimate, which we are not asking that they do, but we aren't going to pay them for work that they did not do either. Therefore we do expect a battle.

So, while I agree that placing a stop payment isn't ideal, they can pretty much kiss that money goodby. Even if they were to sue them and win the contractor will just shut down, declare bankruptcy and move on.
 

quincy

Senior Member
I am not sure that it is a good way to resolve it either. However, they never should have paid the final payment at all. I am just finishing up on the fire damage to my house and the adjuster reminded me over and over again not to make the final payment (no matter how hard the contractor pressured me) until the job was 100% complete and to my satisfaction, AND that they had done everything included in the estimate.

They have not completed everything (even though we have moved back in) and they are having to redo some things that they did wrong. In addition, they did not do several relatively expensive things that they included in the estimate, which we are not asking that they do, but we aren't going to pay them for work that they did not do either. Therefore we do expect a battle.

So, while I agree that placing a stop payment isn't ideal, they can pretty much kiss that money goodby. Even if they were to sue them and win the contractor will just shut down, declare bankruptcy and move on.
I agree with the bolded. It is almost always advised that a final payment not be made until the work has been completed and inspected. Once a contractor is paid in full, it is a lot harder to get him/his crew back to make repairs. A final payment can be/should be looked at as acceptance of the work.
 
We agree. We shouldn't have made the final payment at all until after they moved thier stuff, torn up all the paper, and had an inspection. We've agonized about this for the entire last month but we removed that option right after she wrote that check. Damn we were idiots. But, we have to move on and recoup anything if we can. If we can't, then I'm anxious to get this house back in shape on my own dime.

I'm trying to find a lawyer who could confirm we are or are not screwed, but I've never thought finding a lawyer would be so hard. Firstly, I don't even know what brand of law this falls under because nothing I read seems to fit the category, and secondly, I've called plenty but even not telling a lawyer what our situation concerns at all, they still don't return calls. Never expected a shortage would exist of lawyers anxious to get my money. I told the wife that I just don't have the charisma in my voice so she should do it.

So a question I have: What type of lawyer should I even look for to present our question?
 

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