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    vaqtea's Avatar
    vaqtea Posts: 2, Reputation: 1
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    #1

    Nov 22, 2011, 02:33 PM
    My contractor hasn't finished the job. Can I fire him?
    I hired a construction company to do some remodeling my kitchen. I let the contractor know that this situation was urgent because I was having a dinner party November 24th (Thanksgiving) He promised it would take two or three days max. I paid the down payment of $700.00. The contractor sent over one guy who didn't speak english and who several times asked my husband to help him with the construction work. The first attempt at the remodel was wrong. The contractor then sent the same guy back out to fix the problem. He was able to correct a few things but my plumbing is still messed up! I have called several times and he never answers or calls back. It has now been a month! My party is in two days! Can I fire him and have someone else to finish the work? He also left all the trash in my yard!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 22, 2011, 04:03 PM
    You can and tell him you will be billing him for the costs to get it fixed. Did you get the contract in writing? Is the contractor, licensed? Bonded? Insured?
    vaqtea's Avatar
    vaqtea Posts: 2, Reputation: 1
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    #3

    Nov 22, 2011, 05:42 PM
    Yes, I have it in writing that the construction will take 2 to three days. The company is licensed, bonded, and insured. The company is actually very popular in my area. Sidenote: Before I hired this company it had an A plus BBB rating. I went back today to check and they had complaints as recent as this week as well as their rating had been suspended! The only thing I am really worried about is the fact that the work was actually $1400 dollars and I only paid the initial down payment, I don't want the contractor to try and place a lien on my home since they actually finished the work just not correctly. They know and agreed the plumbing was not done correctly. At first he says he will have someone fix it but now he never answers or calls me back. Im so frustrated as all my family and friends will be in town in 2 dAYs and I have a huge pile off trash on my lawn as well as no running water in the kitchen. I also researched the plumber that was subcontracted and he isn't licensed/registered with my city.Please tell me I can fire this guy without fear of repercussion.?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 22, 2011, 06:54 PM
    Quote Originally Posted by vaqtea View Post
    ... I don't want the contractor to try and place a lien on my home ... Please tell me I can fire this guy without fear of repercussion.???
    He might be able to file a mechanic's lien, but why should you care? Are you planning on selling the house any time soon?

    Now, if he sues you, you simply counter-sue him for the extra cost of completing (or fixing) his work.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Nov 23, 2011, 04:02 AM
    As AK says, filing a lien doesn't affect you unless you were planning on selling in the near future. Once this is all settled, you get the lien removed. So go ahead, hire someone to clean up and fix the plumbing and sue him for any additional costs involved.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Nov 27, 2011, 04:06 AM
    Hello v:

    It would help if you understood the terms... You CAN'T fire him... You have a contract with him... Depending on HOW the contract is written, one or the other party MUST perform. If they didn't, THEY breached the contract, thereby making it null and void

    Therefore, if HE violated the terms of your contract, he "fired" himself, basically. I'd write him a certified letter acknowledging HIS breach, and tell him what you're going to do about it.

    excon
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