Issues with my Contractor
Started by mms11876_2500484
over 7 years ago
Posts: 5
Member since: May 2017
Discussion about
I am looking for advice about how to deal with my contractor. He said my renovation would take 5 weeks. A reasonable time frame would have been three months. We are now approaching 7 months. Bathroom was a gut reno - and it's a mess. Tile was installed in October. Installation is awful. He had his subcontractor replace about 20 chipped tiles and re-grout. It's still a mess - chipped and raised... [more]
I am looking for advice about how to deal with my contractor. He said my renovation would take 5 weeks. A reasonable time frame would have been three months. We are now approaching 7 months. Bathroom was a gut reno - and it's a mess. Tile was installed in October. Installation is awful. He had his subcontractor replace about 20 chipped tiles and re-grout. It's still a mess - chipped and raised tiles, grout lines are different widths, some tiles aren't fully grouted, he tiled a column and the tiles aren't the same length (top tiles are longer than bottom tiles). And the bullnose around the niche is crooked and chipped). He charged me about $5600 to tile the bath (about 215 sq ft). I told him to rip it out and re-do it and I would pay the full install price; or fix the biggest issues and deduct $2500 from the price; or do nothing and I will pay nothing and get someone else to fix it. The rest of the renovation was to patch up holes from electrical work, skim coat, paint, refurbish closets, install new kitchen, doors and trim, build radiator covers. Everything is started, but nothing is done. He has also changed stuff without my consent. This has happened a couple of times and each time he has insisted that we told him to change the original plan. I think he may have an issue with his memory. On Saturday, for the tenth time, I tried to talk to him about the unreasonable delay - and he went crazy. He screamed, cursed, threatened me with legal action. At this point, his son (who works for him) doesn't want to confront him. He is 85% paid up. I have to finish this reno and get him out of my apartment. Neighbors and building management are irate. Any suggestions would be appreciated. I am lost. Thank you. [less]
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I would take photos, log all the dates and as many conversations as you can remember, and investigate legal action. Are all the materials and appliances purchased and on site? If so, it might be best to change the locks and find someone else asap.
I worked with someone like this. Via manipulation, excuses, threats and all manners of bullying rage, there remained outstanding issues at 16 months. He did all kinds of damage that needed to be fixed and dragged things out.
If his son doesn't want to confront him, that tells you his m.o. is client abuse not construction work. It sounds like, for many reasons, you won't be saving any money by trying to get him to fulfill the contractual relationship.
Most contractors require any change-order be put in writing. Was this not the case with this guy? Either way, as David recommends, log all correspondence with the contractor (hopefully you have a paper trail, such as email correspondence, that you can collect).
Also, you don't say whether you are in a single residence or multi-unit building, but if the latter, your super should have some sort of log of actual dates worked by the contractor. Gather this info as well. And, if your super is aware of the damage and re-installations then he'd be a good person to corroborate your claim against the contractor.
Nothing you can do about this now, but general rule of thumb is to withhold the final 30% of payment until job is complete. At this point, you are within your rights to withhold the the 15%, but that won't likely make much material difference to your contractor. ie, he has zero incentive to complete your job.
I'd cut bait and move on with someone new. You could (and perhaps should) take legal action against this contractor but I would not allow him any more access to your dwelling.
You need to change the locks and get this contractor out of your life. Since you already paid most of the contract price, your contractor has no incentive to show up and complete the job to your satisfaction. Can you ask your super for a recommendation? They usually know contractors who have completed jobs in the building (with no issues or problems) You can even ask for referrals on this forum.
In terms of going after the contractor - sure, you can easily file suit. How much more do you want to be out with nothing to show for it?
Just be careful with all of the tough measures proposed here. It's probably not worth egging on a crazy person and getting a mechanic's lien on your property.
Contractors are the bane of any property owner's existence. Especially here in NYC where they feel entitled to rip you off because they think you have the money.
You can always bond the lien.
MMS,
You do have have recourse. First thing I would do is find someone else to finish the project. I would not worry about a Lien, it would cost him $200 to put it on and another $200 to remove. You could both threaten him with calling the dept of consumer affairs (he can lose his license and I doubt he has all the paperwork he is required to have anyway so he would not want you to do that)and you can call the dept of consumer affairs but that is a long process.
For those others that read this, when a contractor says he can do something in 5 weeks and you think it will take 3 months or other contractors say they can do it in 5, it can't be done. Do not hire them.
The general rule of thumb is to hold 10% at the end with progress payments made at certain milestones
Cant agree with JR1, there are some contractors that might feel entitled to rip you off but most do not, no reason to hear about those stories. It's really like any other business, some good, some ok and some great.
MMS,
I have no desire to finish your project but as a contractor I am more than willing help you. Feel free to email me at primerenovations@mac.com or you can call at 6464363942.
Jeff
www.primerenovationsnyc.com
Glad Primer has jumped in -- he's been on this board a long time and is very knowledgeable. Nice to see you on the board again, Jeff!
Thanks, Squid
I have been here the whole time but fewer and fewer posts once they switched over
Thank you, all. I really appreciate all of your feedback and support. I'm sorry for the delayed response; it's been a horrific two weeks. Agree that I have to hire someone else to finish what he didn't complete. Also agree that I should have fired him 4 months ago. Also, about the five week timeline, his son said this was definitely not a five week job and his father shouldn't have promised that time frame.
Short version - a couple of days after he screamed and cursed at me, he profusely apologized and promised to complete the renovation ASAP. Because I am a fool, and desperate, I trusted him. Within a couple of days, he did something else that makes all of his other egregious conduct pale in comparison. Basically, I have no choice at this point but to involve Consumer Affairs because I just can't deal with him directly anymore. This has been a very stressful and painful education.
Best to all.
Can you share any info on what happened?
Just so you know, even the uber-rich have these same issues:
https://therealdeal.com/la/2018/04/01/when-building-a-megamansion-goes-wayyy-over-budget/
Sorry for your problems. I can sympathize as I had same issues. Went the Department of Consumer affairs route. Took over a year, but I finally received a hearing date for May. In addition to my claim the contractor is also being penalized for "not complying " with certain DCA rules which is over 10K which regardless of the hearing outcome he has to pay. Because it takes time to resolve most don't peruse, however, these rogue contractors need to be addressed so others are not taken advantage of. BTW - you're situation sounds so similar to mine. Is his name by chance Tony P....... and his son is Joe?
Sorry for your problems. I can sympathize as I had same issues. Went the Department of Consumer affairs route. Took over a year, but I finally received a hearing date for May. In addition to my claim the contractor is also being penalized for "not complying " with certain DCA rules which is over 10K which regardless of the hearing outcome he has to pay. Because it takes time to resolve most don't peruse, however, these rogue contractors need to be addressed so others are not taken advantage of. BTW - you're situation sounds so similar to mine. Is his name by chance Tony P....... and his son is Joe?