Contractor issues

[FP]

Contractor and I agreed on some work at a set price. He wrote the work down in a bid and gave me the bid. I never signed anything.

I paid him 1/2 the money up front for materials etc. and his subs started worked about a month ago. They finished 90% of the work and have been waiting on a couple pieces to finish the last 10%.

However, the work is pretty shoddy in some places. Molding/trim pieces are pulling up and there are gaps in some of the woodwork. They are minor but annoying.

The contractor is saying that these things "aren't the end of the world" and "are common" and would like the rest of his money tomorrow when they come back to finish the last 10% of the job.

I say it isn't done until I am satisfied. We have already had him out 4 times to look at what we are talking about and each time he sends someone out to fix it. It is never fully fixed.

In any case, am I obligated to pay the full amount we agreed on or would it be reasonable to deduct an amount equal to what it would cost to get someone out to do it right?

 

[amdskip]

He gets paid when he completes the entire job.

 

[crt1530]

Don't back down.

 

[krunchykrome]

My girlfriend's parents had a company come out and redo their driveway pavement. They finished the job but my gf's parents refused to pay them becuase they werent satisfied with the job. From a glance, you could say it looked fine. But there were small things that were "annoying" as you say. So her parents demanded the driveway be done again or they wouldnt pay. The company was pissed off, but sure enough, they re-did the entire driveway.

Don't pay unless you are satisfied.

 

[EagleKeeper]

Have him out; list the issues on paper.

Both of you sign off of the issues.
Payment when the issues are checked off.

Otherwise he has the right to put a lien against the property for non payment.

You have paid him some $$ - implying that you agreed to have him start the work at the bid amount.

 

[imported_weadjust]

Prepare a punch list and give it to the contractor.

Punch list is generally a list of tasks, or a "to-do" items. In U.S. construction industry, a "punchlist" is the name of a contract document used in architecture and the building trades in the United States to organize the completion of a construction project.

In the U.S. construction industry, contract agreements are usually written to allow the owner to withhold (retain) the final payment to the general contractor as "retainage". The contractor is bound by the contract to complete a "punch" list of uncompleted contract items stipulated in the contract agreement by the owner who often is represented his designer. The designer (typically a licensed Professional Architect or Engineer), is usually also incorporated into the contract as the owner's design representative and agent, to verify that contract work has complied with the design. The typical construction contract agreement calls for the contractor, when he believes it to be so, to declare the construction project to have reached "substantial completion" and request a "pre-final" inspection. The architect then observes the project in a "walk around" inspection and makes a "punch" list of uncompleted or unsatisfactory work items owed to the project by the contract agreement (which also incorporates the design documents). Final contractor payment is made when the punchlist of items are addressed to meet the project design required by the owner('s) contract. Examples of punchlist items include damaged building components or problems with the final installation of building materials.

The phrase takes its name from the historical process of punching a hole in the margin of the document, next to one of the items on the list. This indicated that the work was completed for that particular construction task. Two copies of the list were punched at the same time to provide an identical record for the architect and contractor.

 

[DBL]

You should have agreed to leave at least 10% as retainer. Upon completion, you make a punch list which must be completed to your satisfaction before you release the rest of the money.

But since you have not paid him in full, I would definitely hold something back until the job is completed to your satisfaction. Also, while those issues may be common, a good contractor should not be requiring payment in full until he is 100% finished.

 

[MikeyIs4Dcats]

show us some pics and I can tell you if it is acceptable per industry standards

 

[Greenman]

Simply tell him that you want the inferior work corrected, do not pay in full until it's done. Don't get angry, don't lay down the law, just tell him you are uncomfortable paying until the job is complete. Retaining enough to have someone else correct the work is fair.
I don't know where you live, but here in CA it's against the law to get 50% up front. Contractors can accept 10% or $1000 down payment, whichever is less.

 

[bctbct]

Tell him you will be happy to pay him all but 10% that you will pay in full upon completion.

Do not pay him all of it because you will have no leverage, and he could/will take advantage of it.

For what its worth I only require prepayment on items that are special order. Then I schedule payments based on the size and risk involved.

 

[mugs]

Originally posted by: MikeyIs4Dcats
show us some pics and I can tell you if it is acceptable per industry standards

:thumbsup: Pics would be good.

 

[CptObvious]

Depends on the state law. In Florida there are laws that deal with construction defects in specific circumstances. I imagine it varies significantly from state to state though.

You can withhold the money and pay someone else to fix it, but I imagine the contractor will probably put a lien on your house and you'll have to fight it out in court.

 

[jupiter57]

But we're only hearing one side of the story here.
Having been in the Construction business for 28 years now, and being a Contractor myself for 9 of those years, I've seen it all!
The gaps and Molding "pulling up".
Is this on Brand new Floors/Walls, etc.?
If so, and he installed these floors and walls, then yes, he is liable and obligated to fix these items.
However, if he was fitting new Trim/moldings, etc. to existing work, then you may need to adjust your outlook. "Silk purse from a sow's ear" comes to mind. You can only do so much to an existing structure, and especially if the house was improperly built to begin with, or is quite old (20+ Years). Possibly he has nothing for the new nails to hit causing the trim to pull away?
The gaps perhaps from uneven walls?

But then, on the other hand: There are entirely too many unqualified Contractors in the business today.
When I was in business, I would accept NO money until the customer was 100% satisfied, unless, of course it was a large job, wherein I would put in the Contract that 50% was due & payable when both parties agreed that 50% was complete.
It seems that true Craftsmanship is a thing of the past!

Edit: What MikeyIs4Dcats said while I was typing!
Pics would tell a lot!

 

[gsethi]

After all the work is done as per the contractor, you and the contractor should do a walk-thru together (inspection) and your job is to make a list (sign and dated by you) of all the defects in workmanship and give that to the contractor so that he can fix them. If he refuses, you don't pay him.

The contractor might put a lien against your property if you dont pay in full. You just have to make sure that you have given the list to the contractor (by hand, and I would also send him via certified mail, just so I have proof). Send that list to the contractor's lawyer and tell him that his client needs to fix it before he gets paid.

 

[ManyBeers]

Originally posted by: jupiter57
But we're only hearing one side of the story here.
Having been in the Construction business for 28 years now, and being a Contractor myself for 9 of those years, I've seen it all!
The gaps and Molding "pulling up".
Is this on Brand new Floors/Walls, etc.?
If so, and he installed these floors and walls, then yes, he is liable and obligated to fix these items.
However, if he was fitting new Trim/moldings, etc. to existing work, then you may need to adjust your outlook. "Silk purse from a sow's ear" comes to mind. You can only do so much to an existing structure, and especially if the house was improperly built to begin with, or is quite old (20+ Years). Possibly he has nothing for the new nails to hit causing the trim to pull away?
The gaps perhaps from uneven walls?

But then, on the other hand: There are entirely too many unqualified Contractors in the business today.
It seems that true Craftsmanship is a thing of the past!

Edit: What MikeyIs4Dcats said while I was typing!

If there is nothing to nail to, then you notify the owner and agree on an additional fee to put structure where it is needed to complete the work. You don't just nail to sheetrock and if it doesn't hold That's tough. I've done plenty of remodel myself. Either you are willing to do it right or don't take the job.

 

[ebaycj]

Originally posted by: mugs

Originally posted by: MikeyIs4Dcats
show us some pics and I can tell you if it is acceptable per industry standards

:thumbsup: Pics would be good.

 

[ch33zw1z]

Originally posted by: amdskip
He gets paid when he completes the entire job.

 

[FP]

Update... I finally got him to come back *with* his subs to look at the work.

He got snippy with me but agreed the work should be redone. They are currently redoing some parts of it and hopefully all of this will be put behind me.

jupiter57, the house is fairly old (built in the 70s) and the trim/moldings were attached to older pieces but I think it is still the job of the contractor to make sure things look good. If the floors/walls aren't level then use some leveling compound or wood filler for the gaps. Throwing up your hands and saying "it is a common problem" isn't a solution imho.

I will try to take pictures after they are done.