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What are my rights regarding paying my contractor for unfinished work?

We bought a new home in November. Immediately we did a TON of work to it. We got a new roof, new windows, new siding, cut down trees, remodeled the entire first floor and put a new stairwell in. Well, my siding and window guy is a very close friend of the family. I paid him in full for the windows first even though they were not done in early December because he was starting on residing our huge house. We have paid him all but 7200$ and the house is not yet done. There are lots of things that need fixed and he even installed the wrong set of french doors. He's been coming to our house everyday telling us he needs all the rest of the the money. We've paid him just over $12,000 already and the contract states that there is no money due until completion of the job. It's still not done. He is saying his business is going down the drain because I wont pay the rest, but I will. The second he finishes my house, I'll give it to him.

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Asked by MamaCarterof5 at 8:23 PM on Jan. 19, 2010 in Home & Garden

Level 7 (177 Credits)
Answers (11)
    I looked online and he has a horrrrrible history this past year of not finishing jobs. I have simply spent too much money for him NOT to finish the job! He says he can't finish it until he gets paid.... but the contract specifically says that no funds were due until completion of the job. I am freaking out that he is going to not finish! He's already half assed our gutters (they do not match the gable and window trim) He broke our kitchen window sill installing 3 windows and our french doors were the wrong ones when he installed them and then he didnt finish the door casing or drywall from where he had to cut a giant hole in my diningroom wall to put it in. This is a nightmare! He's coming over nearly everyday giving me a sob story. I just want my house finished!

    Answer by MamaCarterof5 at 8:26 PM on Jan. 19, 2010

  • To clarify- all the materials are already purchased and on site. I don't understand why he cant finish and fix the mistakes before asking for final payment?

    Answer by MamaCarterof5 at 8:27 PM on Jan. 19, 2010

  • If you give him the final payment, probably you won't ever get the job done. We have made the mistake of paying workers before the job was done. Be firm.

    Answer by Bmat at 8:31 PM on Jan. 19, 2010

  • The contract is specific. You are protected by that should you have to go to court.

    Answer by gdiamante at 8:41 PM on Jan. 19, 2010

  • Oh I'm really nervous now! He's lost his BBB accreditation for not resolving complaints. *thud* This is what happens when you try to hire people you know instead of bigger businesses with better reputations.

    Answer by MamaCarterof5 at 10:18 PM on Jan. 19, 2010

  • Worst case is you can take him to court and get your money back. I'd let him know that work needs to resume by so many days-- maybe 7 business days. If wok does not resume, then you are taking him to court for breech of contract. Give this to him in writing. Certified mail might help.

    Good for you for getting a contract signed. You did everything above board.

    Answer by ecodani at 8:59 AM on Jan. 20, 2010

  • Heather call the news WHIO will go to his house/company wherever and do what they can to get your house finished AND get the word out to everyone watching he is a shitty contractor!!!

    Answer by calebsmama713 at 10:05 AM on Jan. 20, 2010

  • Wow! I have no new advice other than what people have already suggested. My BIL used to be General Contractor but now works for a roofing company doing estimates. The opposite used to happen to him. He would get half the money upfront, finish the job, then they people stiff him and not pay the rest. I hope your house gets finished and it all works out!

    Answer by CarsonsMomma111 at 11:48 AM on Jan. 20, 2010

  • I would offer him this deal....
    I Owe You $7200 When the job is complete.
    How many days do you need to finish it?? If he says 10 then say, ok after everyday of work I will pay you 1/10th of the $$ I owe you. If he doesnt show up, he doesnt get paid. If he works 1/2 day or doesnt do much, give him 1/2 the daily amount. So he could get $720.00 a day IF he shows up.

    Answer by Anonymous at 1:07 PM on Jan. 20, 2010

  • Hey I like that anonymous answer above mine. Very smart :)

    Answer by calebsmama713 at 4:40 PM on Jan. 20, 2010

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