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How do I hold shoddy contractor accountable?

WisconsinBond ClaimsDefectsLawsuitMechanics LienNotice of Intent to Lien

Last year my basement flooded. I hired a company to waterproof and resurface the floor. The contractor suggested a "2 inch skim coat." It is cracked beyond belief and curling at intersections, not bonded, sealed or reinforced.. Obviously poured so wet that concrete is splashed up the wall and onto the ceiling. Contractor refused my request for delivery ticket as did Redi Mix plant. Contractor stated had he followed ready mix plant's instructions, he would have had to cut control joints every four feet. He is trying to tell me I have less cracks than cuts. At least forty concrete professionals state this work is unacceptable. He did not pour the floor properly. I took him to small claims but asked the judge to move to civil court as estimate to tear out basement and replace are $25,000.. Attorney tells me he would take most of my award and I still would not have a floor. Contractors insurance company cant understand why I would report this to the state. Dates were falsified on his intent to file a mechanics lien. I dont know if he is bonded.1) Not economically feasible to take to court. 2) Ins company trying not to pay 3) DATCP OF Wisconsin refused to assist me as in legal limbo. Any suggestions??

1 reply

Dec 2, 2019
I'm very sorry to hear about that - I can't imagine how frustrating that must be. It's completely normal for an insurance company to want to avoid paying out a claim. So, simply because an insurer is initially resistant doesn't mean that a claim against that insurer won't be successful. Continuing to pursue that option may be fruitful. And, sending an attorney letter reinforcing the claim could potentially be helpful too, if feasible. Further, hard providing copies of other professionals' opinions on the work might help too. Further, seeking out other attorneys to see if another attorney may be able to provide a friendlier price might be successful too. Or, reaching out to a legal assistance or legal aid organization may be helpful on that front. To determine whether a business is licensed, using the Wisconsin License Look-Up might help to sort that out. Typically, licensed businesses must be bonded - so if the contractor is licensed, they're likely bonded as well.
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