Fired My Contractor; Now I'm REALLY in Hell
Started by cilantro
almost 16 years ago
Posts: 16
Member since: Dec 2009
Discussion about
Just when I thought it couldn't get worse: In August, I hired a complete lunatic to renovate my kitchen. His references checked out. He was enthusiastic; offered great suggestions. Even though my co-op did not require that I file with the DOB, my contractor insisted. He charged me $3500 for the permit, and "forgot" to file for it until I pressed him a month later. His architect finally pushed the... [more]
Just when I thought it couldn't get worse: In August, I hired a complete lunatic to renovate my kitchen. His references checked out. He was enthusiastic; offered great suggestions. Even though my co-op did not require that I file with the DOB, my contractor insisted. He charged me $3500 for the permit, and "forgot" to file for it until I pressed him a month later. His architect finally pushed the paperwork through. Anyway: over 4.5 months, he added superfluous work orders; told me enormous lies about building codes; invented conversations with subcontractors to get me to spend more $. Eventually, he ran out of cash, and he pulled his lone workman off of the site. He claimed he'd resume work once my cabinets -- which HE ordered -- were delivered. Last week, when the cabinets arrived at the warehouse, he hit me up for $4k because he couldn't afford to spring them himself. Then he made me pay for his truck rental. I decided that after he delivered the cabinets, I'd fire him. And I did. Now he's even more of a raving lunatic. He claims I owe him a few grand left for items on the contract that he hasn't performed. I say there is no way I am going to keep him on board, so that he can drag out the renovation and fleece me for thousands more. Since he's obviously broke, there's no way he can afford to pay anyone to install or complete any portion of my renovation. On the day of his departure, my kitchen was still in a state of construction. The walls were unfinished. I took photos. In the meantime, he's emailed my managing agent and building architect, announcing that he is pulling his work permit, and calling the DOB to shut down my job. He's also calling Con Ed to shut off my gas. I've since hired a wonderful, licensed contractor, and he's hanging my cabinetry. That's it. But the job still needs some plumbing. So: can this a-hole make trouble for me? How likely is it that the DOB will visit me -- and shut me down, while my cabinets are being installed? [less]
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IMO, call your architect & your current contractor asap & discuss with them. Did your current contractor file a permit & plans w/ dob?
go here & see what permits were filed:
http://a810-bisweb.nyc.gov/bisweb/bispi00.jsp#property
I don't believe old contractor has the ability to 'pull' his permit, but if the work went beyond the scope of the permit, he could anonymously report you to dob & dob could issue a stop work order, but, you get that lifted by amending the permit & submitting new plans, which'll cost ya.
Is new contractor working under the permit & plans of old contractor? That may not be kosher, so discuss with architect & new contractor. Maybe old contractor means that new contractor is working under old contractor's permit, so that's why he can pull it?
The con ed thing could be a prob. Potential nightmare: con ed finds your gas not properly cut off & may (could) turn off gas to building, so no one in bld can use their stove. Discuss this w/ your architect & new contractor asap & ask them to get you a licensed plumber asap to make sure there was no prob with gas & that the plumbing was filed for with DOB.
"How likely is it that the DOB will visit me -- and shut me down". Yes, they could visit & could shut down that part of the job for which you haven't filed proper permits & plans. Also, ya gotta file for electric if you're doing work on your electric. Sorry you're going thru this.
I feel your pain. My contractor and my cabinet maker for my renovation at my Jersey shore house both absconded with my funds last year. It is good that you brought this up for others to learn from. Hard economic times make people with good reputations do desperate things. We learned the hard way that many small contractors use your deposit money to finish the previous job. When the jobs run out, so does the cash. It is a kind of pyramid scheme in and of itself. Then we found that the new contractor we hired to finish the job held us hostage because he was "doing us a favor" even though we were paying him even more than the guys who swindled us. Bad situation all around. It is useless to go after the first cabinet maker legally, even though we had a contract. He has no money. He closed his business and will probably reopen under another name at a later date. I think contracts often protect contractors but leave the consumer with little recourse.
Agree, previously "good" contractors are turning rogue because of the Ponzi-like nature of their projects. No real way to know what financial shape your contractors are in. I am thinking of getting more cabinet work done and I am prepared to lose some $ if the guy absconds (never happened before but these are bad times). The only way to protect yourself is to dole out as little cash as possible and advance more as you get deliverables.
Is there someone at your building you can talk to to get some feedback, maybe the super or the building engineer? I wonder if this guy is just blowing hot air but better safe than sorry. Best of luck & let us know what happens.
Thank you all. My new contractor is not working under a permit, since the work that is left to be performed (hanging cabinets) does not require one. I no longer have an architect, since my old contractor "hired" the architect and has since announced that he's taking the guy off my project. My gas was turned on, legally, last month, by the gas plumber who filed and self-certified. (I can see this info on the DOB web site.) I've since spoken to this same gas plumber; he has promised me that regardless of the lunatic contractor's rantings, HE will come and complete the work, filing new paperwork with the DOB if necessary.
In the meantime, I'm hoping that if the DOB shows up for an inspection, they'll see that the only work being performed is by a licensed contractor -- who's merely hanging cabinets. Nothing else. So what's to shut down?
And of course I'm hoping that with the snow, the holidays, and the nature of the DOB, that they'll get around to harassing me sometime next year. When the job's completed.
Happy holidays to all of you. And thank you for your kind words.
Is it too much to ask for a receipt for what ever they are asking the money for? E.g. when they say they need $$$ for the cabinets - ask for a receipt from the cabinet makers that they received the $$$? Or contractors don't work this way? It just seems to make sense this way and a homeowner knows that the money he's giving, is going to the right people.
Here's the problem. Most custom cabinet makers require money up front. In my case it was 50% of the cost of the cabinets to start, 40% when cabinets are delivered, 10% after final tweaking. Contractors also require upfront money and periodic payments when they reach certain benchmarks. My contractor produced a ledger of all the subs who had supposedly been paid, but in actuality had never been paid. But you are right, I was too trusting. Please learn from my mistakes!
If your ex-contractor wants to play F-F, is there not somewhere you can report HIM? Remodeling is difficult enough without others having to deal with this wacko.
Other than the Better Business Bureau, are there online sites where you can check if other people have had problems with a contractor or a cabinetmaker? I'm aware of The Franklin Report, but many of the companies listed in that book are very high end.
To all: file a complain in Consumer Affairs. That's what I did with my contractor/architect. It will be available to all who wants to check on him.
It's such a classic scheme. My contractor demanded extra $$$ just because, then because he "can't pay subcontractor" who was ALREADY paid, then just tried to bully me into paying undeserved extra, and then — tried to get me io INVEST in his business. Amazing.
I gave 50% down payment for library book shelves with a contractor after I checked his references. He came back to me and told me he used the money to pay his rent because he was about to be evicted and if I just gave him the money again for the supplies, he wouldn't charge me at the end. I told him that he should come back to me when he earned that amount elsewhere and he could then finish the job. And btw, I would be keeping the artwork he left at my home until he came back with the money. I never saw him again. It turns out the art work he left was inspired by his alien abduction. What a fool I was. I checked with his human references but neglected to consult with any aliens. Live and learn. fyi, the art work is really quite beautiful just too weird to live with.
As the original poster, I am stunned by the deplorable behaviors described in so many of your posts. So that's why I'm going to share something that I omitted earlier, because I didn't think it was relevant:
My lunatic contractor asked me to donate a kidney to him.
That's right; he asked me what blood type I was -- and when I answered, he replied, "Great. You can give me a kidney. The doctor says I have 3 good years left until complete shutdown."
So over the course of 4.5 months, I could see that there were days when he was bloated and jaundiced-looking; and other days when he appeared physically fine. His moods would swing wildly. But the lies that he told? Phenomenal.
My husband and I both realized that we were dealing with a desperately sick person, whose physical condition was affecting his mental state. But as the months progressed, and our kitchen didn't, we concluded that it was time to stop feeling compassionate and to pull the plug on him all together.
Until reading this thread, I was willing to buy an apartment that needs renovation. I am now officially a potential buyer of a "just bring your toothbrush" apartment. My heart goes out to all of you. The world of renovation appears to be the twilight zone.
yup - mint condition if to yr taste is the way to go if you don't have a stomach for this
rimnyc, you read my mind. Everyone's been telling me that if you buy an apartment which needs renovations that now is a great time to hire a contractor because people are spending much less on home renovation and contractors are eager for work. Unfortunately, this doesn't seem to be true. There must be a way to find a reliable, licensed contractor and/or cabinetmaker.
Would it be a good idea to publish the names of the worst offenders? The obvious ripoff men?
After all, they will probably use your name as reference at some point.
There's an adage that I should have adhered to from day 1. "If you want something done, give it to someone who's busy."
If a contractor is not busy? There's a reason. And it ain't the economy. When I was bidding out my kitchen job, it was considered "too small" for most of the contractors I'd contacted. Some refused to show up; some took one look and didn't return my call. The lunatic that I hired was eager to get the job because "of the economy." Turned out he hadn't worked in six months.
It's NOT the economy, stupid. Every decent contractor is busy -- even with small jobs. Tenants may be scaling back on their dream projects, but good contractors are still busy.
As for compiling a list of nightmare contractors: it's a great idea. I won't post the name of my special lunatic, because I've alluded to his "alleged" medical condition earlier, and that is a true violation of privacy.
But here's his company: "All Building Contracting" on West 26th Street.
In fact, if you really deplore someone? Totally recommend "All Building Contracting" to them. It's a gift that'll keep on giving.
I've been thinking about filing a complaint with the NYS Dept of Consumer Affairs. It's a lot of paperwork; hours of copying and formulating a "he-said she-said" document, backed up w/supporting photos, canceled checks, receipts, emails, etc. It's exhausting. And I'm already exhausted.
cilanto, thank you for your honesty and generosity in sharing your most unfortunate experience with the SE community. I'm not sure if it's less work but as a suggestion, maybe file a complaint with the Better Business Bureau if it's not too much effort after all you've been through. I will definitely heed your warning not to use a contractor who's "eager to get the job because of the economy". What you write is definitely true. Again so sorry for your terrible time with this person.
this thread makes me feel extremely grateful for the contractor who did my reno.... yikes guys! it's akin to finding a good mechanic i guess.. maybe worse?
I am a contractor in Manhattan, I hear this a lot from potential clients. They are worried that I will run off with the deposit. I am not sure what the answer is as far as who to trust and who not to trust. References are good but who knows who the references are, friends? relatives? The best way to find a good contractor is through friends who have had work done on their homes.
If you do come across a bad contractor the best thing to do is call the Dept of Consumer Affairs.
Primer05, if you don't mind, would a contractor be willing to be paid in weekly installments for a project such as a gut renovation? I've heard that the common practice is to pay a deposit upfront and then at certain benchmarks. I would worry less if I were paying a little at a time. Also is it common for you to order on behalf of your client such things as tile, vanity, bathtubs, etc. assuming that there was no decorator involved.
He can place a lien on your apartment -- you will havbe to check the permit as I believe he applied for a permit on your location -- check that out. That said -- you will win a breach of contract suit, perhaps, for the lies and failure to complete within a reasonable timeframe, etc. Also, his financial problems are absolutely a valid reason for you to fire him. You already paid him and then you are paying piecemeal for his continuation?!
payment 1/3. 1/3 at halfway -- and 1/3 upon COMPLETION....
Our last home reno was a big one. I paid our contractor every 2 weeks so we were never "ahead" of ourselves. I
I just looked up the permit from my gut reno job from 2004; permit listed to MY CONTRACTOR -- not me. Insurance listed to my contractor too. Building approval included my contractor. You should make sure you are covered.
There are many useful informations on this page:
http://www.nyc.gov/html/dca/html/publications/consumer_publications.shtml
Download a model contract
http://www.nyc.gov/html/dca/downloads/pdf/hiccontractshort.pdf
Instant license check:
http://www.nyc.gov/html/dca/html/licenses/license_check.shtml
Also, I would ask my contractor to put the money into an escrow account.
I learned from a bad experience...
Good luck
The building permit doesn't list the client; it lists the contractor. But: The permit is filed with the DOB -- including the associated apartment information and tenant name (me).
My managing agent warned me that my lunatic contractor could indeed place a lien -- not against my apt, but against the building. The subcontractors, however, could place a lien against ME.
I've read the law about contractors putting $ in an escrow account. They're also supposed to put $ in discrete accounts for each subcontractor. Hah. Try enforcing those laws.
My lunatic tried to call Con Ed to have my gas turned off. Shockingly, he was rebuffed. Then he called my plumber and asked him to shut my gas off. My clear-headed plumber explained that he can't shut off a utility. Moreover, if I am paying my bills on time, Con Ed is not going to shut off my gas.
When this nightmare is over (say, in two weeks), I'm moving toward filing with the Dept of Consumer Affairs.
As a licensed contractor myself, I very much dislike bad contractors, because they give other contractors a bad name.
I have a different experience: My company always does things on time, always goes above and beyond, never ever takes advantage of anyone. We sign a contract, we do it. Client follows the payment schedule, and we both win. I never “underbid” and I rarely overbid either. Win win for all.
My experience is actually a few bad clients. I had some liberal hipster dou*che try to not pay us on a $2000 job because he claimed “someone took a sandwich out of the fridge”. First, we never got any proof of that sandwich and second, that must have been a really expensive sandwich! I was like how about I pay you $50 for your sandwich and then you pay us the 2 grand? Nope. I had to take his stupid butt to court. Of course I won.
I also had a crazy feminist client give us a bad review on yelp that never even went with us, because we wouldn’t send her a contract that “allowed client to do a charge back for any reason”. Why would we enter into check a contract allowing a client to cancel a payment made to us? That’s nuts.
Overall we have excellent reviews but as a white biz owner I’ve been discriminated on by a few clients who seemed to take issue with the fact an intelligent, professional, law abiding, but perhaps not-so-good-looking white guy owns a remodeling company and has others working for him. Sometimes it rubs libs the wrong way.
Also, as to the lady that had the contractor with the kidney failure- i’m not excusing the contractor, because he sounds completely incompetent and medical issues aren’t an excuse for that, but Jesus- don’t you have a heart? You sound so... cold about it. The dude is going to die! If I had a jerk client but they were literally dying, I’d definitely be more sympathetic.