Messages and Online Forum Q&A

Re: Contractor problems

From: info@builderswebsource.com
Category: Carpentry and Framing
Remote Name: 207.82.209.216
Date: 25 Jan 2002
Time: 08:08 PM

Comments

Oh dear! Unfortunately, we hear all too often of situations like this. Let's have a look at some options.

1) First, it sounds like you have followed a very reasonable course of action by hiring an architect and an engineer in the first place. Assuming these were truly licensed professionals, it's hard for me to imagine that they would engineer an addition that would cause your home to fall down. So, on this point, I would tend to discount what your contractor said and side with the architect and engineer. It sounds to me that your contractor made a mistake...or intentionally didn't follow the plans...and, as a result, the whole experience unravels from there.

2) Any competent contractor, when faced with a situation that is at odds with the plans, should ALWAYS consult the owner and/or the original architect to discuss the situation. To make a unilateral decision this significant is simply unprofessional and unacceptable. There is no question that you have a valid grievance in this case.

However, the fact that you agreed with the contractor to continue is your responsibility. At the moment you discovered that the addition wasn't built according to plan, you should have stopped construction, brought in your architect and engineer, and worked through the situation together. If the contractor made an error, any corrections should have been at his expense, not yours.

Now, it is not uncommon for an architect or engineer to make an error, which can lead to discrepancies on the actual building site. This happens all the time. For minor items, the contractor should use good discretion to work around problems. However, this is a major oversight somewhere along the line.

3) Now, hopefully you hired a licensed contractor...and that you checked the status of the license with the state in which you live. If the contractor happens to be unlicensed, or is using a friend's license number as cover (very common), then you have very little recourse. However, if the contractor is licensed in your state, you should immediately call the contractor's state license board and discuss your situation. You can file a grievance and, in worst case, a lawsuit in small claims court.

Now. There are always two sides to every story and we're hearing your side of it. However, if I take what you say at face value, then I would concur that your contractor is a flake and he needs to be held accountable to an approved set of building plans.

I would rely on the guidance provided by local authorities who govern contractors in your state. You can probably pull out of your contract, however there are some risks as follows:

* He might not have paid all his subs or suppliers, in which case you could find liens on your house.

* He could countersue for breach of contract

* He could just take your money and run....and you'll be left paying lawyers to help collect...

Unfortunately, when things like this happens, the homeowner often gets stuck with the short end of the stick. So, before you go down the legal path, try to get the state on your side and apply some pressure to the contractor to remedy the situation without further expense on your part. You need to work quickly because you want your project completed and you want to enjoy the remodel!

After you receive advice from the state, you may need to send a courteous but firm letter outlining your expectations and what the repurcussions will be if he fails to rectify the situation (such as filing a grievance with the state, etc.). Give him one final chance to perform. Otherwise, you will be left with no choice but to pursue every legal avenue available to you, including a lawsuit if it comes to that.

But, try to avoid the lawsuit...and come to some agreement between you, the architect and the contractor...and spare all of you a lot of grief. Sometimes you just need to cut your losses...swallow hard....and move on. Then, read our online book Building a Dream.....and you'll feel a little better knowing that you're not alone!

Keep us posted on the outcome of this.

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