Contractor never did work

[Junction]

I'm in Minnesota. I contracted a local builder to do some window replacement and misc work for $15K, with 1/2 down. I paid $7500 on June 15th and the check cleared on June 17th. The builder measured the windows in June and I've never seen him again and he does not answer his phone or return messages. The contract has no time frame for completion. What are my options at this point? This was my father's house who passed and every month the work isn't done is another month of around $1K in expenses. I had planned to put the house on the market in July and can't sell until this work is done.

 

[quincy]

I'm in Minnesota. I contracted a local builder to do some window replacement and misc work for $15K, with 1/2 down. I paid $7500 on June 15th and the check cleared on June 17th. The builder measured the windows in June and I've never seen him again and he does not answer his phone or return messages. The contract has no time frame for completion. What are my options at this point? This was my father's house who passed and every month the work isn't done is another month of around $1K in expenses. I had planned to put the house on the market in July and can't sell until this work is done.

What does your contract say about time to finish the job, cancellation of the contract, and refunds?

 

[LdiJ]

I'm in Minnesota. I contracted a local builder to do some window replacement and misc work for $15K, with 1/2 down. I paid $7500 on June 15th and the check cleared on June 17th. The builder measured the windows in June and I've never seen him again and he does not answer his phone or return messages. The contract has no time frame for completion. What are my options at this point? This was my father's house who passed and every month the work isn't done is another month of around $1K in expenses. I had planned to put the house on the market in July and can't sell until this work is done.

Well, I would make a report with the police. However, the reality of things is that if you need the work done in order to sell the house you are going to need to pay someone else to do the work and then sue the original contractor for the money that you paid them.

I would still try to make a report with the police because obviously the original contractor scammed you. The police may call it a civil matter, but you should at least try.

 

[quincy]

Well, I would make a report with the police. However, the reality of things is that if you need the work done in order to sell the house you are going to need to pay someone else to do the work and then sue the original contractor for the money that you paid them.

I would still try to make a report with the police because obviously the original contractor scammed you. The police may call it a civil matter, but you should at least try.

This does not appear to be a matter for the police. It appears to be a contractual matter.

 

[LdiJ]

This does not appear to be a matter for the police. It appears to be a contractual matter.

I understand, but it does sound like a serious scam and I would at least try to make is a police matter.

 

[quincy]

I understand, but it does sound like a serious scam and I would at least try to make is a police matter.

Junction said he contracted with a local builder. This does not sound like a scam.

 

[Junction]

The company has been in business for 80 years and is continuously running radio and TV ads soliciting for more work. The contract is mostly hand written and says nothing about a time frame, refunds or cancellations. The company has excellent ratings online through a couple sites; it's why I contracted them in the first place.

 

[quincy]

The company has been in business for 80 years and is continuously running radio and TV ads soliciting for more work. The contract is mostly hand written and says nothing about a time frame, refunds or cancellations. The company has excellent ratings online through a couple sites; it's why I contracted them in the first place.

You can send the contractor a letter with a deadline date for completion of the work. If not completed by that date, inform the contractor that you intend to hire another company and will expect a refund of the money you gave him at that time.

 

[adjusterjack]

The company has been in business for 80 years and is continuously running radio and TV ads soliciting for more work. The contract is mostly hand written and says nothing about a time frame, refunds or cancellations. The company has excellent ratings online through a couple sites; it's why I contracted them in the first place.

File a written complaint with the licensing agency, make a claim against his bond if you can, smear the SOB on review sites (truthfully) wherever you can. Contact all your local TV consumer advocates. Get him some bad publicity and he'll be back.

This kind of thing supports my argument - NEVER pay a contractor up front. I just spent $25,000 to build a garage. Hired a well established general contractor and didn't give a nickel up front. I paid for the materials and had them delivered. His crew did the work. I paid the balance on completion. Everybody showed up exactly when they were supposed to.

 

[quincy]

File a written complaint with the licensing agency, make a claim against his bond if you can, smear the SOB on review sites (truthfully) wherever you can. Contact all your local TV consumer advocates. Get him some bad publicity and he'll be back.

This kind of thing supports my argument - NEVER pay a contractor up front. I just spent $25,000 to build a garage. Hired a well established general contractor and didn't give a nickel up front. I paid for the materials and had them delivered. His crew did the work. I paid the balance on completion. Everybody showed up exactly when they were supposed to.

I disagree with your suggested approach, adjusterjack.

It does not appear that there was a breach of contract. The contract had no estimated start date or estimated date for completion. This was an oversight on the part of Junction. The contract should not have been signed without all terms and conditions being spelled out.

Junction does not want to harm the reputation of an established local business. He should try other avenues to get the job completed first, or seek a refund first.

 

[PayrollHRGuy]

If a phone call or letter doesn't get an immediate response from the contractor I'd go with AJ's suggestion.

 

[quincy]

If a phone call or letter doesn't get an immediate response from the contractor I'd go with AJ's suggestion.

I still think AJ's suggestions are apt to get Junction sued.

 

[PayrollHRGuy]

I still think AJ's suggestions are apt to get Junction sued.

Not if the contractor doesn't respond to a letter and phone call and did take the $7.5k almost 6 months ago. Well, at least not a successful suit.

 

[quincy]

Not if the contractor doesn't respond to a letter and phone call and did take the $7.5k almost 6 months ago. Well, at least not a successful suit.

I don't think most people can write negative reviews well. They tend to be emotional about their negative experiences and have a hard time sticking to the provable facts of their one single experience.

By inserting embellishments and exaggerations into a review for impact, the reviews often stray from fact and pure opinion into false fact and defamation territory.

I am not saying that negative reviews can't be written. But they can be lawsuit magnets if not written carefully, especially when written about a company that has a valuable reputation to defend.

I think other, legal options are best tried first.

 

[bcr229]

Perhaps rather going scorched earth with the negative reviews, if the builder has a Facebook page and permits posts or comments under their posts, the OP could respond to one with "Hey, I've tried to email/call on multiple occasions about my contract to have you install windows. We signed a contract and I paid a $7500 deposit back in June and have heard nothing since. Please call me ASAP as this work has to be done before I put can my house on the market."

That's not exactly a review, just a request for contact, but it should light a fire under someone.