Signed a contract on April 29, 2021 to install a patio. The contractor came over on May 7th, took out my existing patio and left my backyard in shambles. To date, I have paid $14,350 . I was promise multiple times that he would be back to finish the job. They never showed up or called. I called numerous times but all I get is false promises. I also called the owner but he doesn't return any of my call and his mail box is full. I have twelve pallets of pavers in front of my house since May 5th. I am aggravated and don't know what to do. I want out of this contract so I can get someone to complete this job
In all cases, the language of the contract will control. While there are actions you can take that may not be referneced in the contract (such as demand further assurances), you must be careful that you do not do anything contrary to what is in the contract. I would recommend that you reach out to a construction attorney to review the contract and advise you as to what steps to take next. In the meantime, there are extra-legal steps you can take (posting on Google review, Yelp, etc., provided, of course, you stick to the facts and do not embellish your complaint). If you'd like to chat further, you can reach me at gspaun@wbgllp.com.
Check your contract and see if it includes any specific provisions for termination….since this is a home improvement contract, I would be surprised if there was any language. But if there is, you need to do whatever the contract requires
If there is no specific language, I would send a detailed letter to the contractor outlining all the issues you have experienced and indicate that if they do not come back to the job site within 3 days and complete the work, you shall retain a new contractor to complete the work and hold them responsible for all additional costs.
If they don’t come back (which sounds likely), then you need to retain a new contractor….and make sure you have detailed records on the new contractor’s costs, so that you can go after the original contractor for damages, if you have any at the end.
I would also report this contractor to the better business bureau and possible the state attorney general.