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-   -   Recourse -paid for work that contractor never finish on my house (https://www.askmehelpdesk.com/showthread.php?t=123399)

  • Aug 27, 2007, 04:30 PM
    gilbert5
    Recourse -paid for work that contractor never finish on my house
    What recourse do I have against a building contractor for work that I paid for in full, but he has never been back to finish?

    I have repeatedly called and left messages but no response. I sent a letter to him about a week ago giving him 10 business days after receipt of letter to complete the work along with a list of items that he has not finished. I estimate that his time is up September 6 based on time for him to get the letter and then the 10 BUSINESS days after that.

    He came to my house and did work that was satisfactory for which I paid him. I hired him to do additional work, and he did show up to start the work. But he left one day and just never returned.

    I know he is still in business and doing work, as my son told me he saw him at another work site a few days ago doing other home improvement work.

    Do I need to consult a lawyer or can I get a lien, or judgement against him on my own in small claims court? I live in Virginia.

    I estimate the amount of money that he owes me in work is about $2,000.00.

    Thanks
  • Aug 27, 2007, 05:31 PM
    Dr D
    You can file suit in small claims court without an attorney. Just be sure to follow the rules, and have your ducks in a row. In addition to that, contact: Department of Commerce-State Board of Contractors; 3600 W. Broad St.; Richmond, VA 23230; Phone# 804-367-8500. This Board/Registrar of Contractors should be able to help you if you file a complaint with them. The R of C in my state has the power to invoke fines and revocation of license against a contracor who does shabby work or cheats his customers. We even have a recovery fund, to cover some consumer losses if a contractor goes BK. If this contractor is not licensed, he could go to jail. Go after him with every tool at your diposal. Good luck.
  • Sep 15, 2007, 07:28 AM
    gilbert5
    Dear Dr. D,
    Thank you very much for responding. I just came from the small claims clerk of court and have filed the appropriate paperwork. Court date has been set for October 9.

    In preparation for that I have taken and printed out pictures of the unfinished work as well as copies of checks written and cashed by the contractor. I am also in the process of getting estimates for another contractor to pick up where this one left off to finish the job.
    Is there anything else you can think of that I might need?

    Thanks
  • Sep 15, 2007, 07:41 AM
    Dr D
    It sounds like you have your ducks in a row. Be sure to also check with the Board of Contractors, to see what they have to say about the matter. It's time for one of the good guys to win.
  • Sep 15, 2007, 07:48 AM
    gilbert5
    I just found out that the county where the builder has his business and my county where the work was done (neighboring counties) do not require contractors to have licenses!! Can you believe that? So, I have the sneaking feeling that he doesn't have one.

    What can the Board of Contractors do I do if this proves to be the case?

    Thanks
  • Sep 15, 2007, 09:57 AM
    Dr D
    That amazes me. You need a license to do just about anything, from giving haircuts to selling tacos from a push-cart. Then why even have a board of contractors. Here in AZ an unlicensed contractor who does work in excess of about $750, is subject to fines and even jail. It looks like you will just have to go it on your own. You might consider looking up the contractor and his company in your county public records, to see if he already has a bunch of judgments against him and/or to see if he owns any real property. If he indeed is the low-life that he appears to be, you might win the judgment, and not be able to collect.

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