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my contractor has lied, completion date has come and gone and his errors have been blamed on the homeowner.

CaliforniaChange Orders

We had a total house fire with family loss nearly 3 years ago. Our contractor has made broken promises, lied on numerous occasions completion date has come and gone. Windows were ordered wrong and our Ins. adjuster has advised that will not pay for the new windows I also will not pay since the error falls on the contractor. Plumbing issues are also there error. I no longer have respect for him. I have asked to subcontract the architectural finishings they have agreed but are requesting the O and P for contracting out. I can not take any more chances with this contractor. I have not received invoices for the contractors that they claim they paid. They requested payment for exterior stucco, siding etc. So I paid to continue the job. We have not signed off of windows, or framing. The inspectors office stated that we nearly lost our 2 yr permit because they were over do for an inspection. Windows that were ordered wrong have not been ordered and we just found out that the exterior doors were also ordered wrong and the date they were ordered was invalid. January 15 turned out to be 2/27. We would like to fire our contractor and find someone who is honest and is willing to complete the build sooner than later.

1 reply

Apr 7, 2020

Your contract with the contractor should have a termination provision. You should document all the breaches in writing to the contractor, declare the contractor to be in default under the contract with reference to specific sections of the contract if possible, and state that you are exercising your right to terminate the contract. Ideally you would want to give notice of the default and demand that the contractor cure the default by a specified date before officially terminating. The contract may require this. You should notify the insurance adjuster. There is a good chance that it will cost more to engage a new contractor to finish the job, and you will want to know your insurer's position on the potential for additional costs. I would also recommend that you carefully document all the work completed by the current contractor before a new contractor starts work with detailed photographs and perhaps expert analysis. There is likely to be a dispute regarding the value of the work already performed and any defects in the work. You may also have a claim against the contractor if the cost to complete the work is higher than the amount of the contract with the original contractor.

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