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View Full Version : Licensed Home improvement contractor (breach of contract/amendment)


taras1
Aug 8, 2012, 09:36 AM
Before I hired a Licensed Home Improvement Contractor in NY - The Contractor contract was not complete as to what we said we wanted and not accurate as to what we told him we wanted above the 2 bow windows. Therefore We wrote an amendment but didn't sign his contract at this time till he was willing to sigh both contract and amendment at the same time. I included all we discussed including a licenced electrical and licensed plumber for that work. Corrected regarding 2 bow windows we wanted 2 roofs above the 2 bow windows not recapping. We added in amendment all that was missing that was discussed. He had a copy of our amendment and called to set a appt to sign both cont/amend. He read all in front of us and in writing added on the margin the word extra on a few items, while reading the amendment in front of us, didn't include prices. Now both was signed. He started the job. He had a guy do electrical and I asked him if he was licensed he said no but he said he is working for a licensed electrician but he was working by himself. I called the contractor and said he is not lic. He replyed that licensed guys do not do this job, I didn't like this and told him this is not what is on the contract. Which was to lower the exterior conduit for easier changing lightbulbs and he was responsible to know that he had to make room for the siding to go under or over the conduit and he didn't address this. The siding guy. Siding guy came and said he has to talk to the contractor that the electrical is not right and he can't go over the conduit or under it. The next thing I saw was the siding guys had the conduit on the floor on the side and were doing wiring. I called the contractor and said this is not right they are not licensed electriciams he said this is what he wants them to do and I have no say in it. I had trouble with lights and microwave inside my house then and took a piece of the scrap wire they were installing that was on the floor when they went to lunch. Did research on this yellow romex and found it is interior wire he was installing directly under the vinyl siding he was installing in cut outs into the insulation. I called the ny electrical code dept and was told it is not in code. My contractor said it is and gave me a paper saying it is in code. He said the electrical code dept is lying to you lady. They were not. This contractor was supposed to take out permits also which he didn't and I didn't know there was a permit he was supposed to take at for electrical but the amendment says he was supposed to take out all permits necessary for the job. He was supposed to install one totally new light on the side of the house where I didn't have it before as per amendment and didn't say extra and he tried to charge me for it. I am not sure if the box is supposed to be covered with siding there so repairs can't be done. I fought with the contractor 6 weeks and finally proved to him it is not in code also threatened to fire him and then he finally said he will now be willing to call the code dept. I do not know if he really did or not due to he now wanted to use bx and the code dept told me only conduit is acceptable for exterior lighting. I demanded for him to use a licensed electrician and he still refused telling me if you want a licensed electrician you hire one and pay for it. And that you can't tell me who to hire. They never set the lights to work as per censer also and I had to pay someone to do it after the contractor walked off the job. I also found out at this time that I still do not have the correct gage of wire required for the job that was done.
The contractor told he his plumber was coming to install a new water spigot for watering my lawn where I didn't have one before. He told me he is a plumber and cut the main in the house to give me a spigot the main was open for 2 weeks and in that time I realized he was never a plumber at all the main shut off he was to give me for the spigot in the basement was not a shut off for the spigot but he gave me a shut off the washing machine instead because he didn't know what he was doing. I spoke to a guy the contractor sent in and was told he knew the guy the contractor sent in and he is not a plumber at all but a good taper. I got someone to fix this job. This guy was also to move the gas line for the pool heater in the house and I am glad he said he didn't have the tools to do this job. Not realize he didn/t have the tools due to him not being a plumber in the first place. The contractor had a real plumber extend the gas pipes for the siding to go under it but the contractor never painted the pipes the siding color as per amendment and attach the pipes to the building which is dangerous it hangs and can move job not complete. Now whenever water runs in the house it is noisy due to the main cast ion main being cut away and now pvc had to be installed to close it up. I think this should never of been cut to give me a spigot in the first place. Contractor breach of contract again and I am left with not complete and noisy water.
The contractor gave me recapping job which he was not to give me as per amendent. This bad recapping job caused rezidual damage to this house. I had water going into the header and into the seat and into the wall. He was supposed to give me 2 roofs shaped like the bow windows and didn't. He was supposed to remove the rotted wood below the 2 bow windows and replace the wood that he said he would do by supporting the bow windows and doing this. And is in the amendment also. He didn't do this only covered it up with flashing. His flashing job was not good also missing places and also it was cold and silicone was freezing and it had to come in to defroist it before the siding guys could work. This should not be installed when it was freezing also I believe but not sure. The contractor was supposed to give me new seat which was cracked on the bow window also. He didn't do it. It is available from andersen as a set seat and header which was in good shape till it cracked and had water into the header due to the recapping job a few months later. The contractor only applied floor compound gray on the seat that and didn't come back for many months, the compound cracked up and I called the manufacturer and was told should not be installed on a bow window seat it is for floor tile only and can't be sanded or painted and needs to be removed. I was left this way for christmas and then had water coming into the header seat and wall of the bow window.
The contractor came with all his subs to get paid before xmas saying he is almost finished. My son and me paid him under pressure. This contractor was not on the job sight to check out the job. The siding is not right and is coming apart on the top. Not enough nails and is loose and nails trying to pop through the siding. He also checked out my windows with his specialts he said he was going to do and they found more windows needing replacing and the contractor had his guys measure and he was still ordering the wrong size but fortunately he called me and I corrected it while he was still in the store. The salesman made me check out my size again which I already with the manufacturer and he said I was right and changed the order with the contractor. I have problems with this installation also with the mullions not attached correctly and the siding guy found this out after he had the old windows out and the new ones on the scaffold and showed me it is not aligned up correctly and said he doesn't get paid to install the old ones again and installed the new ones anyway then had trouble and he had to call in someone to get the windows to close and lock maybe twisted and something else will probably have trouble in the future with 4 windows this way. The contractor said he could fix the 2 bow windows and his guys checked all windows in the house. One window that was supposed to be fixed by them was not also.
The 2 dryer vents have no sleeves and venting out and also under the siding still now. The ac pipes not done as per amendment, the pvc pipes for ac condasation not connected just stuck in and not continued to the front side as I had it and needed even though the contractor said I didn't need it there. Now I have water puddling into the foundation and also where it was not connected and flooding onto patio and I have to walk there also. The contractor tried to charge me for items there was not to be extra charges for in the contract/amendment also. He didn't buy and install the 4 decorative headers for the 4 front windows also. He was supposed to get maintenance free and was not getting it only ones that needed painting not as per amendment and there was not to be additional charge as per our first meeting regarding this it was in charge but not in contract nothing stated regarding extra charge for this also. I am a senior and this contractor thought I know nothing and I did. He did take advantage of me and I am handicapped also. He should have to give me money back and loose his license also. I reported him to consumer affairs and he caused me trouble to get back at me. I am also supposed to get contractors in to check on this job completely as per consumer affairs and can't get it done. Also the siding is not right and not enough leaders and one leader was also hanging away from the building and I had to have this dangerous also. Not at the correct angel told it needs to be completely removed and redone correctly. I can't get contractors to write what is wrong with this job and give me estimates for repairing it. They do not want to go against another contractor and say what is wrong with the job. This is what consumers wants and I have tried calling many contractors in. I am at a loss in all ways and left like this. Do not know what to do. We have been through so much with this it has made me sick and not sleep etc. I am sure there is more not stated from memory. I thought I hired a contractor that would monitor the job that his subs did and would make sure it was correct instead he just left it to them to do whatever they did. We did hold back $4000.00 which is nothing compaired to what he did and didn't do as per cont/amend. He told bbb that he is taking me to small claims court due to him finishing the job and we did not completely pay him. Job not complete. He had a guy come all summer and did nothing just talk. Contractor didn't comunacate with us anymore since he sent this guy and no call he is sending him also. We finally said work or leave nothing is being done. And he left and nothing done or no contact from contractor. I paid the contractor almost $40000.00 for this inferior incomplete job. He was supposed to also paint the iron raining siding color and didn't do it the siding guy said he would do it and had the paint. Contractor painted the incorrect color white and left me small paint the correct color and didn't do anything again. I got a electrician over to see the job he did write a few things and tried to fix the lights that didn't work and not working like they should called him back to to total job with wrong gage wire and he didn't respond also. Contractor said I would get an inspection by licensed contractor that this guy worked for and I said need it in writing he said no I said why he said he can't get it I said you pay for it so can't you get receipt for inspection for electricial job. This electrician came and wrote down I have conduit as in code not inspected electricial job. I look at it like a pay off inspection. Thanks for your time.

Fr_Chuck
Aug 8, 2012, 09:38 AM
So you get a full estimate of what it will take to fix it properly, get other licensed professional that will testify it is not done correctly and you counter sue for all the damages you have

smearcase
Aug 8, 2012, 12:13 PM
I'll just comment on one small part of your statement. Sounds like you had a contract on his form or one which he wrote. You changed some of the wording in his write-up, via the amendment. He noted "extra" on some of the items on your amendment (In most experiences I have had those notations/changes on a contract have to be initialed by both parties-were they?). Does the amendment specifically state that it supercedes the original contract? I couldn't absorb your total description of all the events but the bottom line will if it goes to court - it will become a monetary settlement one way or the other and the contract and the amendment will become the focal points of the case. When he wrote the word "extra" on your amendment, everything should have stopped until a new price for the job was negotiated and agreed to by both parties. That's all I have to offer at this point.

JudyKayTee
Aug 8, 2012, 12:26 PM
Before I hired a Licensed Home Improvement Contractor in NY


I'm in NY and familiar with contracts here. Can you boil this down to the specific problem - work not completed, shoddy workmanship, didn't pass inspection, whatever the problem is?

This is just too lengthy to read and absorb and I'm not sure all the info is necessary.