Defective Custom Cabinets 6 months past due date

[links1979]

I live in NJ and hired a cabinet maker to make kitchen cabinets for a new kitchen. The old cabinets were taken out at the end of May and the contract stated that the installation would be second week of June. Just to give you a context that means we had no dishwasher or sink, no cabinets to store plates or forks in and had to either eat out or cook on a grittle in the middle of the floor and then walk up the stairs to wash our dishes in the tub and then put them back on the floor in the kitchen. We budgeted our money and our time to be able to do this for that period of time.

What happened is that after taking our deposit the cabinet maker apparently was taking other jobs and put us on the back burner. He would deny my calls and texts. Then after the due date he finally brought over some boxes which means just carcasses with no doors. Nothing that allowed us to put anything back together. But just enough to make us think it was getting done. Then he would disappear again. What made it worse is that when he would bring us something it would be wrong, not made according to specs or just really poorly made. He would say I'll be back in two days and have it fixed and then would disappear again. This cycle has repeated itself for 6 months now. We finally have enough cabinets to put in our sink and dishwasher and finally cook. But there are so many problems with his work. I got an estimate from another cabinet maker and he estimated that it will cost $4k just to fix all of the errors. His words are that he's not going to be able to fix them all but rather just to cosmetically disguise them. Then there is the issue of how much these last 6 months have affected our pocket and quality of life without a kitchen. I have paid that cabinet maker 6k of the 10k I owe him. What I would like to do is to tell him to take a hike and that I am going to have another contractor finish his job. I don't even want to give him another chance at this point. Am I legally obligated to continue giving him even more chances to make mistakes when I have been dealing with his mistakes for the last 6 months? Also does the fact that he is delivering this 6 months past the due date and the costs I have accrued due to his delinquency have no bearing on this? I'd love to know what my options are. I don't think it's necessarily fair to hold someone's deposit ransom and string them along delivering poor quality work where they can't cook for 6 months and have to go out of pocket.

Thanks

 

[GoBoilers_MSU]

You stated that you have a contract. Does your contract have a termination clause or mention how either party can terminate the contract?

 

[quincy]

I live in NJ and hired a cabinet maker to make kitchen cabinets for a new kitchen. The old cabinets were taken out at the end of May and the contract stated that the installation would be second week of June. Just to give you a context that means we had no dishwasher or sink, no cabinets to store plates or forks in and had to either eat out or cook on a grittle in the middle of the floor and then walk up the stairs to wash our dishes in the tub and then put them back on the floor in the kitchen. We budgeted our money and our time to be able to do this for that period of time.

What happened is that after taking our deposit the cabinet maker apparently was taking other jobs and put us on the back burner. He would deny my calls and texts. Then after the due date he finally brought over some boxes which means just carcasses with no doors. Nothing that allowed us to put anything back together. But just enough to make us think it was getting done. Then he would disappear again. What made it worse is that when he would bring us something it would be wrong, not made according to specs or just really poorly made. He would say I'll be back in two days and have it fixed and then would disappear again. This cycle has repeated itself for 6 months now. We finally have enough cabinets to put in our sink and dishwasher and finally cook. But there are so many problems with his work. I got an estimate from another cabinet maker and he estimated that it will cost $4k just to fix all of the errors. His words are that he's not going to be able to fix them all but rather just to cosmetically disguise them. Then there is the issue of how much these last 6 months have affected our pocket and quality of life without a kitchen. I have paid that cabinet maker 6k of the 10k I owe him. What I would like to do is to tell him to take a hike and that I am going to have another contractor finish his job. I don't even want to give him another chance at this point. Am I legally obligated to continue giving him even more chances to make mistakes when I have been dealing with his mistakes for the last 6 months? Also does the fact that he is delivering this 6 months past the due date and the costs I have accrued due to his delinquency have no bearing on this? I'd love to know what my options are. I don't think it's necessarily fair to hold someone's deposit ransom and string them along delivering poor quality work where they can't cook for 6 months and have to go out of pocket.

Thanks

Your legal recourse will often be spelled out in the contract you signed. If the work has gone beyond a stated date for completion that was in the contract, the contractor breached the contract which allows you options that might not otherwise be available to you.

 

[links1979]

You stated that you have a contract. Does your contract have a termination clause or mention how either party can terminate the contract?

Unfortunately the contract has on clause. It has a section where it talks about the work being done. It says the approximate installation date. The total cost,the deposit and the balance due. But no clauses and we both signed it.

 

[GoBoilers_MSU]

Unfortunately the contract has on clause. It has a section where it talks about the work being done. It says the approximate installation date. The total cost,the deposit and the balance due. But no clauses and we both signed it.

What is the language where it talks about the approximate installation date?

In short, given that you have a 10k contract and at least 4k may be necessary to fix the mistake, it is well worth you spending a few hundred dollars to talk to a lawyer. There are ways to terminate a contract and hire a contractor to fix the issues, but it can be intricate depending on the wording of the agreement.

 

[links1979]

What is the language where it talks about the approximate installation date?

In short, given that you have a 10k contract and at least 4k may be necessary to fix the mistake, it is well worth you spending a few hundred dollars to talk to a lawyer. There are ways to terminate a contract and hire a contractor to fix the issues, but it can be intricate depending on the wording of the agreement.

Thanks the wording is literally

"Approximate installation date_____________"

 

[GoBoilers_MSU]

Thanks the wording is literally

"Approximate installation date_____________"

Then, you probably have a good case for termination and hiring someone else. However, to ensure you're terminating the contract correctly, retain counsel. The lawyer can write a termination letter or facilitate termination. It will be the best money you ever spent in light of the contractor who potentially stole thousand(s) from you with a subpar product that isn't functional nor installed. The lawyer can also advise you regarding your rights to recoup money from the original contractor. Good luck!

 

[links1979]

Great thanks

 

[quincy]

Thanks the wording is literally

"Approximate installation date_____________"

What has the contractor said is the reason for the delay?

I suggest you arm yourself with estimates from another contractor (or two) on costs of repair and completion.

I suggest you send a copy of the contract with the completion date highlighted to your current contractor and let him know he has breached the terms of the contract. You can give him a deadline date for completion and repair and tell him that if the deadline is not met, you will hire another contractor.

Consulting with an attorney and having this attorney draft the letter, as suggested by MSU, is smart.

 

[links1979]

What has the contractor said is the reason for the delay?

I suggest you arm yourself with estimates from another contractor (or two) on costs of repair and completion.

I suggest you send a copy of the contract with the completion date highlighted to your current contractor and let him know he has breached the terms of the contract. You can give him a deadline date for completion and repair and tell him that if the deadline is not met, you will hire another contractor.

Consulting with an attorney and having this attorney draft the letter, as suggested by MSU, is smart.

Thanks what I would prefer more than anything is not using him anymore even if he can fix it within a certain amount of time. He would never give real reasons. He would lie and says that the cabinet doors he ordered are taking a long time which was b.s. I know this because I know a contractor that does work with him and it's becuase he is taking lots of jobs and not caring about mine. What I hope is that I can simply show him the quotes for fixing it and say that due to him being 6 months past the deadline that I will not pay him the remainder and instead pay someone else to fix everything.

Just so I understand is there no legal recourse for the expenses I have had to accrue or the deceased quality of life due to not having a place to cook or clean my dishes?

 

[quincy]

... Just so I understand is there no legal recourse for the expenses I have had to accrue or the deceased quality of life due to not having a place to cook or clean my dishes?

Your time and inconvenience are not compensable damages. You appear to have increased the time you were without a kitchen by being as tolerant as you were of the delays.

You can notify the contractor that you are replacing him with another contractor. Again, in your communication with the contractor include a copy of your contract with the time for the job highlighted. Having an attorney draft the letter would be smart. An attorney letter tells the contractor that you have consulted an attorney and alerts the contractor that a legal action is being considered.

Good luck.

 

[links1979]

Your time and inconvenience are not compensable damages. You appear to have increased the time you were without a kitchen by being as tolerant as you were of the delays.

You can notify the contractor that you are replacing him with another contractor. Again, in your communication with the contractor include a copy of your contract with the time for the job highlighted. Having an attorney draft the letter would be smart. An attorney letter tells the contractor that you have consulted an attorney and alerts the contractor that a legal action is being considered.

Good luck.

Really appreciate it. Great advice

 

[quincy]

Really appreciate it. Great advice

If you have the opportunity to post back with what happens, we always like updates. Good luck.

 

[links1979]

If you have the opportunity to post back with what happens, we always like updates. Good luck.

Will do. Thanks

 

[quincy]

Will do. Thanks

You're welcome, links1979. Good luck.