I'm trembling with anger at my contractor

The BBQ Pit
21

I happen to be one of those sub-contractors that everyone complains about. Well, they don’t complain about me per say, but about us as a group.

Anyway, the first thing I would do is read Eric (what a coincidence, the last general contractor I had issues with had the same name) the riot act. Make sure he knows how pissed you are, how pregnant your wife is, how cold it is in the house, how wet everything is, and how many lawyers and insurance agents you’re going to call as soon as you get off the phone with him.
Tell him he’s wrecking the rest of the house and that he needs to come over immediately to address this. Immediately would be in within the next hour, not day or week. Unless he has other houses falling apart he needs to get to your NOW.
I would be in my car before the owner could make another phone call if I was him.

The thing contractors hate the most is having to do any extra work for nothing. Especially if they are forced to by the courts.

Your strongly worded conversation with him might get the job done in the fastest and less fractious manner. Do not pay him any further at this point either. From now on you are in the drivers seat and you will dictate when and how he gets paid. He wants to get paid.
I fear that if you bring lawyers and others into the situation right away that you will end up with Eric just giving up and writing you off as a loss. He will not end up getting a chance to fix the problems his way with his sub-contractors (who may be at fault too). Once he looses control he will probably just wait till it goes to court and turn it over to his insurance.
The ideal situation is to rattle his cage enough that he gets over there right away and recitifes this his way with his guys.

If he does not respond to your liking then release the hounds.

22

MAKE SURE YOU KEEP A DIARY . Every verbal exchange should be recorded. Show every effort on your part to rectify the situation. Check with a lawyer. Sounds like you may have a claim for damages way in excess of the original contract. Take pictures. Do no pay until you are satisfied.

23

Una, thanks for one of the classics posts in my five years here! :smiley:

24

Una Persson, what is a PE ?

25

Our experience is that contractors really hate working for Professional Engineers for two reasons. First, because I suspect that we’re the sort of people that ask a lot of hard questions that can’t really be bullshitted around, such as “how many ksi will that composite beam hold” and “shouldn’t you be using grade 8 fastenters instead of grade 2”? And I suspect that we get in the way a lot of legitimate and worthy contractors, interfering with their work by second-guessing them all the time.

The second reason is that in any suit having to go against a PE means the contractor is automatically at a disadvantage legally on any structural matters. Sure they can hire their own engineers, but if a PE has already certified that a construction is dangerous, unsound, or just not up to code, and they’re not incompetant or lying, well…it likely means that it is just that.

I personally had a somewhat similar experience with surveyors. Two surveyors would not survey my land after they found out I was a PE (I was sending them faxes of the legal description, and my header on it had my contact info.) But the last one not only did, but gave me a professional discount and did extra intermediate points because he knew I would be “checking”, saving me about $1500…so it’s not all bad.

26

Thanks Una
But after reading this’

“how many ksi will that composite beam hold”,

I can understand why a contractor wouldn’t want to work for a PE. If you asked me that, I would wonder " How does a beam hold stress. What kind of stress? Is this PE making fun of me?"

27

I’d have no objection to doing work for a PE, provided that they recognized their discipline, and refrained from attempting to do the job of municipal inspectors for them. If my workmanship and materials meets the code of reference by the AHJ, and the AHJ or designated inspection agency accepts it, that should be it.

A friend of mine is a Mechanical PE. He finished his basement by himself, and I spotted a half dozen electrical code violations within five minutes.

28

As I said, one reason contractors don’t like working for them is because they get in the way even if the intentions are good. There was an old Dilbert cartoon where a repairman gives him “Engineer pills” that knock him out whist the repair is going on so he won’t keep butting in.

29

This is why my friend Russ, a contractor here in NC, is busy non-stop and booked out months ahead. He’s intelligent, he has references out the ying yang, he shows up when he says he will, he cleans up every single day, and he does gorgeous work. OH, and he actually FINISHES the work. On time.

When we all lived in NY no one thought much of that, and I don’t know if it’s the location or what, but people down here are out and out amazed when he shows up on Monday like he says he will, then shows up AGAIN on Tuesday to work more. I know how they feel- we had a contractor at our house every damned day for 6 MONTHS siding our house. A single story ranch house, mind you. Every damned day of this guy sawing and making noise and living in my carport, basically. (We rent) At least he showed up, although by the end it was getting more and more sparse. He just simply didn’t know what the hell he was doing. And you should see how bad the work is- absolutely horrible. Crooked cuts- you name it. Cobb jobbed all the way.

It really is tough to find good help.

30

I thank God that when we did a partial remodel on our downstairs, we struck gold with contractors. The guys we had in to pry up the floors, pour concrete to fill a sunken living room, knock out a soffit cieling in the kitchen, etc, were done on time and on budget. Our guys who put the granite counters in the kitchen and powder room were finished EARLY and on budget. We did the hardwood floors and painting ourselves.

My dad is a painting contractor, and when he retires, many customers will weep. He does great work, on time. He charges more than some people (well, lots of people) but he’s totally worth it.

I don’t understand how some of these people have any reputation left at all. My dad has had this business in the same city for over 30 years, and his dad did the same since the 1940’s. If they blew it over and over, we’d have been starving long ago. Maybe they move around a lot, or people just expect bad service and don’t complain like they should.

31

Well, I’m no longer angry. Irked, still, but I’ve shaken the disturbing Mr. Hyde-like fit that came upon me 48 hours ago. I don’t want to hurt anyone, certainly, least of all “Eric.” As I’m sure is true with many pit-posts, my OP was written without a cooling-off period, and now I’m feeling sheepish and odd about the whole thing. But I appreciate all the advice I’ve gotten, and now can share the encouraging latest chapter of the story.

First thing Saturday morning I called Eric, and expressed my displeasure in what, for me, was a pretty blunt, harsh manner. (One thing that was not at all evident from my OP is this: I like Eric. He’s a genuinely nice human being who likes to talk about his family and obviously takes great pride in his work. Throughout the course of the job he has taken pains to explain everything he’s doing in detail, has offered to fix small things he’s found along the way at no extra charge, and generally been pleasant to deal with, excepting the various delays.)

Anyway, I explained the previous night’s water problems as measuredly as I could, while making it abundantly clear I was pretty pissed off. To his credit, Eric was pretty appalled to hear what had happened. He told me straight away that a) he’d be over right away to see what had happened and set it right, and that b) if there was any extra damage or repairs that needed doing, he’d do it on his own dime. A couple of hours later he was at the house, up on the roof, figuring out what happened. And the answer turned out to be, his framer (a subcontractor) screwed up. Specifically, the framer had left seams in something Eric called “water shielding” which had been applied to the roof, and which allowed water to unexpectedly pool and drip down inside the walls. (Had it been applied correctly, there would have been no need for tarps.) Eric has (he tells me – it’s not like I can prove it until the next time it rains) fixed the problems on the roof, applied some extra waterproofing paper around the windows (which could have been a source of pooling, and he wanted to be on the safe side), and inspected the damage already done. Fortunately that seems very light (and a town inspector, who was also there to check out the interior structural work, agreed) – there hadn’t been consistent water getting in beyond just dampening the outer plywood, and the water getting through to the downstairs ceiling had been a one-time event. There’s no sign of sagging or other structural issues, and everything inside the walls was already pretty dry and with no sign of mold. Eric assured me (verbally and in writing) that if anything came up in the future as a result of the leaking, he’d come back and fix it without charge.

Eric was clearly pretty ticked at (and had some choice words about) the framer, who has been the primary cause of delays on the project, and whose oversight had led to the water problems. Also, Eric said that he thinks there are glues he can use on the roof that don’t have the 40-degree restriction (so we won’t have to wait until spring to get the back half of the roof replaced), and that if they turn out to be more expensive, he’d pay the difference. He also understands that he’s only going to see the remaining money we owe on the project when everything is finished and we’re sure there are no remaining water-damage issues.

So, we’ll see. At your collective advice, I’ve started a journal of all my interactions with Eric and his men, and will be taking pictures of the ceiling once I find our camera. Honestly I lack the time and energy right now to do much more – I’m in a crunch period at work, getting ready for the impending baby (our first - gulp), and trying to prepare for an 11-day X-mas visit from the in-laws. I’m afraid I intend the pun when I say: “when it rains, it pours.”

All that said, Eric knows his string is now very short, and that we’re not going to tolerate any more screw-ups. If anything else happens, it’ll be time to call in the lawyers and insurers and such. I’ll let you all know how things turn out.

Thanks again,

-P

32

Una, bravo, and why didn’t you write that before I signed my house contract? (FWIW, the only ‘major’ problems are a couple of broken stickish things, oh, and that sprinkler head they put under the air compresser foundation. And one dead tree. And it took them a month to get us phone service. For everyone on my street. And it was only 10 months late, overall! You can hardly see where the molding was falling off of the roof!)

33

On the wall at my mechanic’s:

             LABOR  RATE     $65.00 PER HOUR
             IF YOU WATCH  $100.00 PER HOUR
             IF YOU GIVE ADVICE $175.00 PER HOUR
             IF YOU TRY TO HELP $300.00 PER HOUR
34

Male bonding aside, your primary responsibility is to your wife and unborn child. Whether Eric’s negligence is primary or secondary through inadequate supervision is irrelevant. That he may be a hale-fellow-well-met is not an excuse. Document everything. In addition to the other advice you have received, I suggest you confirm that his contractor’s license is current and that he is in fact bonded. Frequently when situations like this deteriorate to legal action, the contractor turns out to have multiple claims against him and be on the edge of bankruptcy. He can become legally insolvent, leaving you only recourse with the bonding company.

Small contractors usually do not carry liability insurance other than for accidents to, and injury of, third parties. Their employees work as independent subs or are covered by workmen’s compensation. Their bonds are supposed to insure satisfactory completion of work, but usually are only a fraction of the necessary amount.

You also need to make sure that his subcontractors and materials supply people are paid as the work progresses. In most states they may hold you liable for wages and materials through “mechanic’s liens” and “materials liens” against your property. even if you have paid the contractor in full. You may even be liable for his construction loans! Demand copies of all invoices and confirm payment. In some states you are protected from liens for 90 days only, unless you formally notify the suppliers and/or lenders that the contractor has been paid in full. In those states the suppliers and lenders often deliberately wait until the grace period has passed before they file their liens.

You MUST consult a local real estate attorney as soon as possible.

Best wishes to you and good luck!

35

Jeez, I feel like I have a crystal ball.

Glad Eric is working with you to get this thing back on track. This is the best solution for everyone.

36

None of the contractors that I know who do the sort of project mentioned in the OP are bonded. Performance bonding only becomes a requirement in very large projects, typically those put out to public bid.

Perhaps rules are different where you are, but I can’t pull a permit without a contractors license in municipality x, and I can’t get a contractors license without a certificate of liabililty insurance issued by my agent. If using subs on a job, I hold certificates from them showing that they also have liability coverage.