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Asked in NJ May 26, 2022 ,  0 answers Visitors: 1

Home Improvement Gone Bad NJ

Hired a contractor to put addition on house (add a level). Works fine until midway he left jobsite for 3 weeks! He returns to continue work and then asks for more money. I have 2 payments left one for $25,000 and $15,000. The $15,000 is agreed btwn us as a wash for vanity, fixtures and tile allowances which aren't deducted yet. This leaves one left of $25,000. Offer him $12,000 to pay HVAC subcontractor and connect HVAC unit. 3 weeks later leaves me an invoice for more money listing HVAC sub not paid. Also had gutter sub call for money and plumber wants to put lien on my house. It seems he's not paying subs. Now my contractor wants the remaining money, or final payment, to pay his subs because ''it's a tight budget'' or he's suing me?! How do I fire this guy and do I owe the subs?

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3 Answers

Anonymous
Reply

Posted on / Aug. 15, 2007 12:14:00

Re: Home Improvement Gone Bad NJ

I agree with the other attorneys. This is common behavior. The contractor can be competent, but he does not know how to bid or manage work. Sorry, but you have less than a 50:50 chance you will get your work completed for the original amount contracted. The only chance of getting the job done right, on budget and timely, was when he first delayed the work - time literally IS money. So, IF you want to get your job done, you will need to take control. You must become his biggest problem, and offer him a way out. He will either give in or he will become belligerent and walk, but you can not control him, only yourself. If you can not play hardball, you will need to get help (yes I know, more $$$ pissed away, but it is what it is). You must also put EVERYTHING in writing, including confirming all conversations in writing. 1) put the history, including dates in writing to him, and demand he return to complete the work, give you proof of payment of subs, or a list of all subs with numbers so you can confirm payment of subs, and promise final payment as soon as the work passes inspection - send it by fax, snail-mail and CRR mail. This establishes a baseline IF future litigation is involved. 2) if you can, get someone familiar with construction to look at the work, tell the township inspectors of your concern (sometimes they will try to point out possible problems, or make sure the contractor finishes work properly, but not all twp. employees are competent either. 3)WHEN the work is done, you may not actually want to pay him right away or in full, until you can be sure the work was done adequately, which may mean living with the work for a month or so. Generally, you will probably need help, and IF any liens are filed... well 50% of the time, they are NOT properly filed, so you can have them removed, but that does not prevent law suits. - Good luck!

Anonymous
Reply

Posted on / Aug. 15, 2007 12:14:00

Re: Home Improvement Gone Bad NJ

I agree with the other attorneys. This is common behavior. The contractor can be competent, but he does not know how to bid or manage work. Sorry, but you have less than a 50:50 chance you will get your work completed for the original amount contracted. The only chance of getting the job done right, on budget and timely, was when he first delayed the work - time literally IS money. So, IF you want to get your job done, you will need to take control. You must become his biggest problem, and offer him a way out. He will either give in or he will become belligerent and walk, but you can not control him, only yourself. If you can not play hardball, you will need to get help (yes I know, more $$$ pissed away, but it is what it is). You must also put EVERYTHING in writing, including confirming all conversations in writing. 1) put the history, including dates in writing to him, and demand he return to complete the work, give you proof of payment of subs, or a list of all subs with numbers so you can confirm payment of subs, and promise final payment as soon as the work passes inspection - send it by fax, snail-mail and CRR mail. This establishes a baseline IF future litigation is involved. 2) if you can, get someone familiar with construction to look at the work, tell the township inspectors of your concern (sometimes they will try to point out possible problems, or make sure the contractor finishes work properly, but not all twp. employees are competent either. 3)WHEN the work is done, you may not actually want to pay him right away or in full, until you can be sure the work was done adequately, which may mean living with the work for a month or so. Generally, you will probably need help, and IF any liens are filed... well 50% of the time, they are NOT properly filed, so you can have them removed, but that does not prevent law suits. - Good luck!

Anonymous
Reply

Posted on / Aug. 15, 2007 12:14:00

Re: Home Improvement Gone Bad NJ

I agree with the other attorneys. This is common behavior. The contractor can be competent, but he does not know how to bid or manage work. Sorry, but you have less than a 50:50 chance you will get your work completed for the original amount contracted. The only chance of getting the job done right, on budget and timely, was when he first delayed the work - time literally IS money. So, IF you want to get your job done, you will need to take control. You must become his biggest problem, and offer him a way out. He will either give in or he will become belligerent and walk, but you can not control him, only yourself. If you can not play hardball, you will need to get help (yes I know, more $$$ pissed away, but it is what it is). You must also put EVERYTHING in writing, including confirming all conversations in writing. 1) put the history, including dates in writing to him, and demand he return to complete the work, give you proof of payment of subs, or a list of all subs with numbers so you can confirm payment of subs, and promise final payment as soon as the work passes inspection - send it by fax, snail-mail and CRR mail. This establishes a baseline IF future litigation is involved. 2) if you can, get someone familiar with construction to look at the work, tell the township inspectors of your concern (sometimes they will try to point out possible problems, or make sure the contractor finishes work properly, but not all twp. employees are competent either. 3)WHEN the work is done, you may not actually want to pay him right away or in full, until you can be sure the work was done adequately, which may mean living with the work for a month or so. Generally, you will probably need help, and IF any liens are filed... well 50% of the time, they are NOT properly filed, so you can have them removed, but that does not prevent law suits. - Good luck!

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