I'm trembling with anger at my contractor

I’m not an exceptional person in most regards, but I do have one fairly unique personality trait: I’m almost never angry, about anything. I think I could count my adult moments of pure wrath on half the fingers of one hand.

Right now I’m so angry I can barely think. I guess I have mostly myself to blame, but that doesn’t make it any better.

My wife and I bought our house in March. We knew going in that the house needed a new roof, and we also wanted to get dormers installed in two upstairs bedrooms. A new neighbor across the street was having some construction done, and highly recommended the contractor working for him. We met the contractor and his brother, who seemed both friendly and competent. We called references, and the word was that these guys were “not the fastest workers, but they do very good work.” They have all the permits and such – they’re legit contractors, and not some fly-by-night operation. We hired them to do a small job first (repairs on our front steps) to get a sense of how they worked, and they did a solid, professional and timely job.

So this summer we talked with them about the larger job, and on Oct. 13 we signed a contract wherein they’d repair/replace the roof and install two dormers. They didn’t think it would be a big job – about two weeks of total work. Given that they’re contractors, I figured that would be more like 4 weeks, but that was okay, if the work was good.

Things started out well. For about a week the framer and his team were at the house every day working, and every night they’d leave a big tarp over the whole roof to keep water out. A week later and the dormers were structurally built, though just the wood – no siding. They did shingle the dormer-roofs.

Around that time we came home one day to find the tarp was off. That seemed like a good sign – they must be nearly done making it all weatherproof. But that day was actually the beginning of a weeks-long period where the roofers basically disappeared. We expressed concern to the main contractor (“Eric,” I’ll call him – not his real name) that it wasn’t weather-sealed – we could even see daylight through the seams in the plywood walls of the dormers. “Don’t worry,” he said. “It’s exterior-grade plywood – it can stand getting wet.”

A couple of days later, it had rained a good deal, and my wife and I noticed that the plywood floors on the inside of the dormers – interior flooring – was getting fairly soaked from rain coming in. “Don’t worry,” he said. “Shouldn’t we put the tarp back up?” we asked. “Shouldn’t be an issue,” he said.

[ASIDE]
We’re now in something like week seven of this two-week job. Eric has come in a few times to do some actual work – electrical stuff, draining the solar heating system, putting in some new insulation – but there have been several times when he has told us he’d be in the house on day X, then not show up, not return calls until day X+1, at which point he promised he and the relevant subcontractors would be by on day X+2, without any good explanation. And the new roof – that gets me pretty mad. The front of the roof is done, but the back is not, and now it looks like that might have to wait until spring. When we started the job in October, my wife said to Eric, “I’ve read that there are parts of roof replacement that can only be done if it’s warmer than 40 degrees. Will it be a problem that we’re starting so late?” Says Eric: “We’ll be done long before it’s an issue. Don’t worry” Well, that turned out to be the proverbial crock of crap, since the back of the roof still isn’t done, and here in Boston we may well have seen the last 40 degree non-rainy day before March. But I digress. That’s galling, but not why I’m writing.
[/ASIDE]

After expressing concern to Eric numerous times that our dormers-in-progress were still not weather-tight and now without tarps, and after being told numerous times not to worry, our house is now seriously leaking, on the first floor, DIRECTLY BENEATH THE $#@! DORMERS! It’s 2:00 in the morning, and as it rains outside we find that water is dripping heavily into our living room through a seam above a bay window. Sure enough, directly above, on the second floor, is the wet patch on the plywood dormer-floor where the rain is coming in. Goddamnit, Eric, what the fuck did you think was going to happen? How could a fucking contractor not understand what water can do to a house?! It’s soaking our couch, dampening the carpet, drenching the bay window ledge, and Og only knows what havoc it’s wreaking on our house’s internal structure.

And it’s just as bad on the other side. In the room on the first floor under the other dormer, where there’s just a normal wall-and-window, there are now creeping stains on the ceiling, and water is dripping in slowly through the window sill. I reached up to touch the ceiling right where it meets the wall above the window, and the stucco-like ceiling texture was a damp sludge that came away on my finger. For all I know the ceiling is about to collapse! We have pretty much every towel and spare sheet in the house spread out under the leaks, trying to spare various wooden and carpeted surfaces.

I’m not cut out to be the “bad cop,” and I’ve cut Eric and his team all kinds of slack for his schedule slippage. But now we’re talking potential heavy damage to the most expensive thing I’ve ever bought and owned, because our $#@! contractor couldn’t figure out that leaving uncovered exterior construction open to the rain could cause FUCKING WATER TO GET IN. First thing in the morning I’m going to call Eric and… and…and I don’t know what. On the one hand, I feel like tearing him a new soffit vent, and using some words that I haven’t uttered since I dropped a dorm fridge on my foot back in college. On the other hand, I don’t know that it’s wise to piss off the person whom I want to fix his goddamn mess.

(Note: we do have a written contract detailing the work and milestone schedule, and while it doesn’t mention damage to the house, it does say that the work is “guaranteed for one year.” Maybe I can stretch that to mean that their work is “guaranteed not to fuck up the rest of the house.” They had damn well better agree to pay for any repairs necessitated by their incompetence. And they’re not getting another cent out of us (there are still some thousands of dollars left to be paid) until everything is fixed and complete.)

And to top it all off, the now-dampened sofa in the living room is also the sofa-bed where my 7-months-pregnant wife is sleeping, because our actual bed is upstairs, where it’s freezing cold because we can’t turn on the heat because the house isn’t sealed. Her back is aching from the substandard “mattress” and now she’s getting spattered with droplets of water from a leaky roof. My hands are shaking – literally shaking – with anger as I write this. I’ve never honestly wished bodily harm on another human being in my life, but if Eric was teleported in front of me right now, I don’t know that I wouldn’t plant my fist in his gut, and use his wheezing carcass to sop up the rain-water.

I hope I’ve calmed down by tomorrow morning. I’m not used to this kind of anger, and it’s pissing me off.

-P

You are entirely right to be furious and to demand that it all be fixed. At least you were smart and got everything in writing, although I don’t know if not saying “Contractor will not destroy rest of house” will hurt you or not. I wouldn’t think so, though - it seems pretty clear cut to me. Don’t give an inch on this one - I know it’s difficult sometimes not to smile and nod and be mad at yourself for not being a hardass. It might help if you practice what you’re going to say - write it down, even. I know I have a hard time sticking to my guns and impressing the true urgency of certain situations to people sometimes, and I find that helps me.

And you really ought to at least call him a goat-felching boil or something, if you’re going to Pit your contractor.

First please tell me you have not paid him in full.

If you have not paid him in full then fire him. I’m serious. Pay off the work he has done so you remain legal, and hire a new contractor, and tell Eric that you do not wish he come back to your home, it has been 7 weeks, you have a pregnant wife, and the work he was contracted to do is not satisfactory period.

And hire someone else to finish it before Christmas. Case closed in my mind. Fire the man.

I wouldn’t do that. I’d refuse to pay him a dime, plus it’s very likely I’d end up suing him for damages. This is a load of crap.

True it is a load of crap. But if there was a contract signed, there could be some legal complications…Still I’d fire him.

Call Eric, tell him to get his butt in TODAY to finish the work, or you will call your local tv station. They love to do stories on substandard contracting work.

Take pictures and videos of everything now. Good luck, and please keep us posted.

First, let me compliment you on “On the one hand, I feel like tearing him a new soffit vent…” – Brilliant!! :slight_smile:

Now, what I would do is to make the phone call, firmly and reasonably let him know the absolute minimum expectations in terms of time and tasks to finish the job, including repair or replacement of what has been damaged as a result of his slowness; then follow that up with a certified mail letter stating the terms of the original work to be performed, referencing any contractual agreement between you (e.g., signed estimate, etc.), his failure to perform the work in a timely and professional fashion, the damage you have incurred as a result, your expectations of what he will complete and by when, and a statement that if he has not completed all needed work by [a specific reasonable date for completion, as of the time of letter], you will consider him in breach of contract and liable to you for the damages resulting from his work and for the cost of employing another contractor to put things right.

I hope it isn’t breaking board rules to suggest maybe sometimes Hammurabi was righ

On the more serious side; do not talk to Eric today at all. Before you do anything else, contact a lawyer and your insurance agent. Do it today, and do it now. After you have done that you will have a better idea what your recourses are. I am not a lawyer but there is so much involved in contract law that anything you do from this point forward could screw you badly. Sometimes if you pay someone it can be presented in court as though you were satisfied with the work. Other times you can get in trouble if you pay them. The only one that can help you through some of this is a lawyer. I also think you could mess yourself up badly by letting him on your property at all before you talk to a lawyer.

Your insurance agent needs to be involved because structural harm could have been caused to your house. They may take the problem out of your hands entirely, and believe me, they don’t have any problem being bad cop.

You might think of getting your insurance company involved. It’s possible that you already have quite a claim with the water damage you’re describing. And the insurance lawyers will really go after the contractor and his insurance. You might actually end up ahead when all is said and done, though it may take some time.

Echoing some others: call your insurance company ASAP. Did you get an insurance certificate from Eric? If so, call his company ASAP. This is complete bullshit.

Do not pay him anything more before consulting a lawyer. There are situations under which contracts can readily be invalidated if one side fails to perform. There is no need whatsoever to pay him off until you get expert legal guidance on this point.

It sounds like this guy is going to end up owing you money, anyways. See a lawyer and your insurance agent.

Something else to consider:

Water damage can be seriously bad stuff, especially if mold takes root. You may be looking at some serious renovations, especially if the area has been damp for such a long period of time. For that reason, I’m gonna “second” (more like “fifth”) what everyone else is saying: Get an expert on your side involved, either through your insurance company (if they cooperate) or by calling your bar’s lawyer referal service to get a lawyer.

Also, document everything you can, from phone calls to promises, etc. Take photos of the damage, and all that.

Absolutely document everything. Get a video camera, and go through the entire work site. Aim the video at the TV showing the time and date on a channel, so you have proof of when the video was taken.

Do not pay the contractor another nickel until he has resolved all your issues, including the water damage to the rest of the house. Your carpet may need to be replaced. If the drywall ceiling is showing water stains, that ceiling could actually come down on you. It may need to be repaired. Once the drywall is off the ceiling, you may find that other structures need to be repaired/replaced.

Welcome to the wonderful world of contractors. The industry is over-extended because of the housing boom. As a result, incompetent people are being hired and contractors are juggling multiple jobs at once.

We’re having our basement built out right now. It was supposed to be a two to three month job, and we’re in our eighth month now. I’ve had to miss ten days of work to supervise incompetent workmen who show up without supervision. I’ve had to correct numerous mistakes, including tearing work down myself and rebuilding it correctly. I’ve done inspections that have found wiring not up to code, plumbing routed incorrectly, and in one case a furnace duct that had been disconnected and not re-connected. The ceiling was being drywalled the next day, so if I hadn’t caught it, our entire upper floor would not have had heat after the job was done.

Workmen not showing up when they say they will is a common occurance. When someone says they’ll definitely be there tomorrow, it happens about 50% of the time.

And the sad thing is, this is the best crew I’ve worked with yet. In our last house, our landscapers left us with a lot that drained water into the house, and then their company vanished (no doubt opened again under a different name with different names on the masthead). In our new house, we hired bricklayers that also put down a brick patio that wouldn’t meet code. The city refused to pass it, the company refused to fix it, and we had a multi-year fight. In our last house we had a deck built, and the company that built it cut corners by not putting in enough pilings. The center of the deck felt like a trampoline. Luckily, it was a ground-level deck, so the city didn’t get involved. Had they, it would have failed as well, because it did not meet code requirements for the number of pilings required.

I truly feel for anyone who is trying to get home reno work done these days. There may be some good companies out there, but they’re hard to find. And there are a LOT of bad ones.

The points about contacting your insurer and documenting everything are good ones – in fact, if you have a mortgage, bringing the bank into the picture, since the damage means less value in your-property-as-their-collateral to them too, might not be a bad one. It might be worth your while to engage an insurance adjuster privately, as a professional whose estimate and evaluation of damages would stand up in court, if it goes to that extreme – I can’t imagine that he’d charge an arm and a leg for a bare estimate of damages, and you can recoup the cost if it does go to court.

  1. Get some one over to seal up your house. It has to be done whether you pay for it or the contractor. Get the tarps back up!

  2. Take the contract to a lawyer. Spend $100 to see what you are obligated to do to terminate the agreement.

  3. Get another person to finish the work.

  4. Document every thing with video in case you have to sue.

Calling your insurance company may not be the best thing to do. The damage to the house will probably not be covered but the company could surcharge you or set up the policy for nonrenual if the work is still open to the elements.

Insurance in most states does not cover poor workmanship. Most water damage coverage is required to be caused by a covered peril, such as high winds blowing off shingles ect.

Mold is an issue but not as big of one as you might think, also most policys exclude mold damage if not caused by a covered peril.

Good luck

Be careful about the mold issues. As noted, most homeowner policies have excluded coverage, and my general contractor liability won’t cover mold claims from a client, either. All of the things on which contractors can take a big hit have been systematically excluded over the last few years.

With winter on the way, you need to get the house ‘dried-in’ ASAP, and then use dehumidifiers to pull out any residual moisture in the wall/floor assemblies Once that is accomplished you have more breathing time to address other issues.

Guys like that on one hand make it easy for me to get work, but at the same time contribute to the public perception that we’re a pack of unscrupulous idiots.

Good luck.

I was going to post this last night, but You should be making 3 or 4 calls immediately.

1- COntract and/or real estate lawyer

2- COntractor to get him over to begin fixing the project immediately. Fixing the problem immediately should also include getting you and your wife in a hotel pronto.

3- Call your insurance company, but they may not cover damage due to a contractor. Instead, you might want to ask the fuckhead contractor who holds the bond on his company and bend their ears a bit.

4- Call the state regulatory body that certifies and regulates home contractors. Most states have a DCA(Dept. of Consumer Affairs). California is especially strict, but they are overworked due to the abundance of crappy contractors. Lodge a complaint against his bond and his license.

5- Like Sam Stone said, document, document, document. Pictures, videos, contracts, bills.

6- Get someone over to seal the house up, as was mentioned before. Either the contractor or someone on-hire.

I hope things work out for you. A good civil lawyer can help you through this once you’ve taken your home out of the danger zone. THey’ll tell you how to proceed and what steps to take to nail the idiot.

Sam

I don’t know anything about the law, but if there’s any decency in it, you’ll be able to sue this scammer and restore your property. It’s too bad the contract didn’t have specific scheduling, but no contract ought to allow for outright negligence and destruction of your home.

I think this really is a serious problem that deserves more attention.

Of all the dozens of cases where my co-workers have hired contractors to do a renovation or addition, exactly 100% of them had serious, serious problems and major complaints against them. It didn’t matter who recommended them, or how many promises or guarantees they got in writing - the contractors just simply don’t care. In every case of wrongdoing the contractors openly violated terms of the contract, and simply shrugged and said “take us to court”. In fact, more than a couple people have told me that many contractors simply refuse flat-out to work for them, since nearly all of us are PEs - as soon as they see that “PE”, they moonwalk away like Michael Jackson on speed.

The main thing lately is basement repair, piering, and garage repair, due to a long-term drought here which has caused foundations to crack and heave. The satisfaction rate with the work, both short and long-term, is running at 0%. Typically a person can spend $10,000 - $25,000 on piers, and have the house get worse within a year. Decks lean, fall apart, or rot; swimming pools get major cracks and leak; room additions develop massive floor-to-ceiling drywall cracks you can stick a pound coin into. And don’t even mention HVAC work…

The sad thing is, this also happens to 100% of my co-workers who have had new homes built for them. Each time it’s the same story; it plays out like a shopworn Shakespeare play.

Phase 1 - Bragging “Oh look at our NEW home we’re having CUSTOM BUILT! It’s only $400,000 - we SAVED more than $200,000 by our 'leet negotiating skilz!” And out contractor is the best one in the entire universe - a kind, gentle craftsman who took time out from making toys for the blind from driftwood, to build houses for overpriced DINKs like us. We have a contract that’s so good if one single nail is placed wrong, we get all our money back, and a hot plate!"

Phase 2 - Excuses “Oh, the home’s running a bit behind, but that’s OK - the contractor had problems finding concrete - you know, there’s a ‘concrete shortage’. It’s not like you can just dig it out of the ground, you know. And then the wood didn’t arrive - well, there’s a wood shortage too, yes. And they added an extra $10,000 for nails since there’s a ‘steel shortage’. And the surveyor had to go into detox, but he’s getting better and can almost use his theodolite without his hands shaking. I’m sure this is all in good order. Typical hassles, you know. Besides - we have that contract!”

Phase 3 - Avoidance “The house? Oh well, you know, Rome wasn’t built - oh yeah, you do know. Anyhow, after the basement was poured we found out that they messed up and poured a 2/3 basement instead of full, and the drive had to be re-poured because the coffins underneath the foundations settled - did I mention it used to be a graveyard? No, we didn’t know that at the time, but they did say our neighborhod would be an instant Historical District. Plus one benefit is every Sunday families come to our front yard and put nice fresh flowers on the grass - I guess it’s like a welcoming committee or something. Well, the wood came, and it wasn’t the right type (they said they had to use particle board 2x4s), and it laid out in the rain and got warped, but the contractor says they can straighten it out by drilling holes in it. Oh, I’m sure it’s still structurally sound, otherwise they wouldn’t use it, right? Right? Why are you looking at me that way?”

Phase 4 - Denial “Nothing’s wrong with the house, I wish you’d stop asking. Fires happen ALL THE TIME on job sites, yeesh. We went and talked to the contractor about the workers taking dumps in the house and he promises that he’ll try to try to get them to use the port a potty. And he promised that all the walls that workers shit inside will be replaced. No, we didn’t want a 2-car garage, we wanted the 4-car with car wash, yes, but they read the plans wrong. NO I don’t know how. NO, we DID want a spiral staircase to the loft, but the contractor said he couldn’t figure it out. YES, we were supposed to have a deck and hot tub, but the contractor said the cost of wood added $50,000 onto the house, so we had to scrap that. That’s OK, I can build a deck - I put together an IKEA bookcase by myself after all! A deck is just wood and nails, jeeze Una, don’t you know anything? Look, I have to go now…”

Phase 5 - Anger “Well, we went and laid down the law with him. OK, it wasn’t him, he won’t return our calls. So we went out to the job site and there was no one working. They were working on houses down the road. So we went down there and were told we just missed him, but he would call us back. I told a man there that we wanted our house finished NOW and they said they would do it in two weeks, but they had to work on other houses. They also blamed the delay in not putting the roof on to it on the electrician, the painters, the roofers, the city, President Bush, and God. I showed them the contract and told them they had to do this and this since they signed this little piece of paper, and they told me that no one with the name signed works at their company. Turns out that it’s the wrong company, and they all said they never heard of our contractor, and then they said something in Spanish and started laughing at us. Well, I tell you, no one jerks ME around like that…so I called my lawyer and he says as soon as I can sell one of my kidneys for the $30,000 retainer, he’ll start filling out papers. I tell you, though, they pissed me off, and I will have vengeance - I’m sending him back a scathing e-mail! No way am I getting the worst of this - he works for ME, not the other way around!”

Phase 6 - Resignation “Well, the house is almost done. We’re tired of living in the Motel 6; we were only supposed to be there for a couple of weeks, and after staying there 12 months we’ve sort of been adopted by the nice Somali family that runs the place. But it’s OK, because our new neighborhood has a Homes Association, so we probably won’t see black people - excuse me, ‘people of color’ - up close ever again, and you know what, it’s good to see other cultures. Anyhow, the house is almost done, and they promise they’ll fix the basement, the drive, the floors, the kitchen, the toilets, the lights that keep turning off on their own, the garage floor, the garage door, the staircase, the drywall, and the air conditioning. Oh yeah, they say it’s still not too late to dig the feces out of the living room walls, but it will delay the house another 2 weeks.”

Phase 7 - Finale "P.A.R.T.Y. - Come see our new house - it rules! Only five people to a room please; the home inspector said the floors couldn’t take much more than that until we got steel in to brace the foundation. And don’t use the upstairs or the downstairs bathroom, only use the middle one (the contractor sent an e-mail last month saying they might fix them next year). Also, by accepting an invitation to the PARTY you hereby waive any and all legal claims to compensation from damages resulting from injuries due to electrical shock, so just be careful around the light switches.

And ignore the smell in the living room, please. It’s just…the…new carpet. Yes. Ha ha. You all know how it is."

Yes, sadly, we do.