We paid an installer to lay travertine floor in our kitchen and family room and it came out horrible. It is uneven and has grind marks in the stone some tiles have grout lines( which they were not supposed to have) and some don't. He agreed to work with my father and try to refinish it and never showed up again until weeks later he dropped a bill in our mailbox. We have been researching and found that he is unlicensed. What should we do about payment... pay and then sue for the price to fix it or not pay and sue? What evidence is useful?

Photo everything, get two other professionals in that will agree to write a report and even testify on what is wrong. ** you will find it may be harder than you know to find someone willing to testify against someone.

But get the price to fix it, See what the difference is between the bill and the fix,

I think if you pay it would be saying you were satisfied with his work.
I'm not positive about that but...
Photograph everything.

Quote:

---

Originally Posted by Honeycutt

We paid an installer to lay travertine floor in our kitchen and family room and it came out horrible. It is uneven and has grind marks in the stone some tiles have grout lines( which they were not supposed to have) and some don't. He agreed to work with my father and try to refinish it and never showed up again until weeks later he dropped a bill in our mailbox. We have been researching and found that he is unlicensed. What should we do about payment...pay and then sue for the price to fix it or not pay and sue? What evidence is useful?

---

If you don't pay him he cannot sue you for the balance due because he is unlicensed and operating outside the law - he cannot make a monetary gain from an illegal act.

Does it matter if he didn't present himself as a licensed contractor? Otherwise, what stops me from hiring an unlicensed contractor, having them do thousands of dollars worth of work, and then just stiffing them?

Quote:

---

Originally Posted by froggy7

Does it matter if he didn't present himself as a licensed contractor?

---

I don't think it matters at all; get estimates to get the job done right and sue.

Quote:

---

Originally Posted by froggy7

Does it matter if he didn't present himself as a licensed contractor? Otherwise, what stops me from hiring an unlicensed contractor, having them do thousands of dollars worth of work, and then just stiffing them?

---

In my area - at least - that's one of the arguments used to "encourage" contractors to be licensed. It guarantees they will be paid if the customer attempts to play the "unlicensed card."

As I said, maybe it's only in my area but the Courts will not order payment to an unlicensed contractor.

It's also a side issue but I carry Workers Comp as part of my homeowners insurance and it will not cover someone who is required to be licensed by my town but is, in fact, not licensed. It is my duty to verify the license and their insurance.

The first thing you should do is write to the contractor explaining why you will not be paying his bill. By doing so you can show that your reasons for non-payment pre-date any lawsuit he might file otherwise it may look like you are making up an excuse for non-payment after being sued.

If the floor is truly a disaster and beyond repair you may be able to sue the contractor for the cost of removing his flooring but nothing more since you have not paid him.

Our only concern with all of this is the involvement of your father in the project. The contractor may argue that your father was somehow contributory negligent.

"""He agreed to work with my father"""
What do you mean, he agreed to work with my father?
Was your father hands on as well?

There is an old saying - "you get what you pay for". I am sure that the guy gave you exactly that, "what you paid for" so I would pay the man the agreed price for all completed work.

When you get three estimates, that are all in the same ballpark, and then you get another estimate, and that guy comes in at half the price, "you are getting exactly what you pay for"!

Some people can't help themselves but to go for that low-ball bidder.

Quote:

---

Originally Posted by Superfedz

"""He agreed to work with my father"""
What do you mean, he agreed to work with my father?
Was your father hands on as well?

There is an old saying - "you get what you pay for". I am sure that the guy gave you exactly that, "what you paid for" so I would pay the man the agreed price for all completed work.

When you get three estimates, that are all in the same ballpark, and then you get another estimate, and that guy comes in at half the price, "you are getting exactly what you pay for"!

Some people can't help themselves but to go for that low-ball bidder.

---

This is from 2008 - a long dead thread.

Time to close.