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Home>Levelset Community>Legal Help>What should my wife and I do? Attached is a copy of a letter we are ready to send to a contractor we fired.

What should my wife and I do? Attached is a copy of a letter we are ready to send to a contractor we fired.

North CarolinaMechanics Lien

Daniel, We are not sure exactly how to say what we want to say, so we am just going to lay it all out there and be as honest with you as we can. First, we have never done business with a contractor who seemed less interested in doing business with us than you. To say we have been disappointed is a huge underestatement. After 6 months you sent me an invoice for what amounted to less than 80 hours of work. 6 months to complete less than 80 hours!! And it took you over 6 weeks to get us an invoice after we sent you a letter relieving you of further duties. Additionally, I have issues with your invoice. It appears I am being billed for the time it took somebody to make 3 trips to Lowes. I am not paying for 3 trips to Lowes. Everything that was needed for the job could have been bought in one trip. Everything required would have fit in the back of a pick up truck or on the trailer that your workers used. Speaking of the trailer, it appears I am being billed for the time it took for your workers to back said trailer into my driveway. One day, it took them almost 1/2 hour just to get it parked in my driveway. During this time, they backed over one of Lisa's gardens, smashing the chicken wire fencing and at least one of the posts holding it up. On the other side of the driveway, they plowed up my yard, digging tire trenches in the yard and displacing the pine straw. They (2 of your guys) spent/wasted an hour each cleaning up the mess they made...time that I am not paying you for. We kept track of the hours your guys were here and we barely come up with 63 hours. You have billed us for 78 hours. Even if I give you credit for working 10% more, making it 69 hours...we are still considerably apart. One day my wife watched one of your guys stand in our driveway and talk on the phone...one long conversation...that last just shy of an hour. We are not paying your men to be on the phone. More than one of your guys asked what our WiFi password was. Are you kidding me? Your employees should understand..when they are on a job site being paid...priority number 1 is completing the work...not having WiFi access. We were mot sure why they would need WiFi while working in the crawl space? It looks like you billed us for 12 hours of work. Daniel, you were here the first day for 5 hours, and we can't remember seeing you again after that. I understand that it take some time to manage a job, but at the rate you worked...your hours make up over 15% of the job. Honestly, that is a joke. It appears you are billing us $50 for each email that you finally sent us last week. Because you took 6 months from start to finish...we lost all confidence in your ability to do the job correctly. Upon completion of your portion of the work I asked Neal Smith to come back and verify that you had done the work correctly. Thankfully he said yes. We paid Neal Smith $375 for that, and we are passing that cost along to you. Remember, this is partially due to you coming in our house and telling us it would cost $15,000 to fix our problem and it would include fixing a portion of the house that Neal Smith never identified as a problem. We are referring to the back wall of the living room which you said was deflecting. Neal Smith found no deflecting or reason to address possible deflection in the location you pointed out. You were either going to fix something that didn't need to be fixed, or you were going to rip us off. We know you said in hindsight that you may have put up the dust cover prematurely and in one of your recent emails, you finally apologized, and we appreciated that. However, on April 19-22 my sister and mother traveled from Louisville and my brother from Nashville so my family could spread my father ashes around the Whispering Pines golf course he loved so much. We don't need to tell you how the house looked when they got here. It made for a really bad weekend, as my family was not able to use, visit, stay at our house. Additionally, we let your guys use one of our carts to help speed up the process of moving cinder blocks, sacks of concrete and tools back to the work spot. Maybe you should have a cart for when required. A couple of other things we did for you...we provided 6 months of advertising for you by having your sign in our yard for the entire time it took you to complete the job. We got sick and tired of explaining to neighbors we weren't moving, that it was not a for sale sign and that we just had a REALLY SLOW (We are sure you would say really busy) contractor working on a job at our house. We also stored your ladder, broom, Rubbermaid container and assorted tools and rags for 6 month. Everything was left in our living room after day 1...and was in our way for 6 months. Your guys disconnected the door bell on day one and never reconnected it. Anyway...We paid $1,500 the day the job started. We have a check for $1,500 here for you and feel that is very fair considering the circumstances. We will not be paying the entire $3,989 amount you say is do.

1 reply

Sep 23, 2019
When terminating a contractor, it's important to do things by the book - including providing a written and detailed notice of termination. That way, with all of the reasoning for the termination laid out, it will be hard for the terminated contractor to argue that the termination is improper. However, I'm not able to provide legal counsel or advice here - at the Expert Center, we're limited to providing helpful legal information but must stop short of providing actual legal advice or counsel. So, I'm not able to review your letter and advise on it, specifically. If you'd like legal review of your termination letter to your contractor, consulting a local North Carolina construction lawyer would be helpful. They'd be able to review the situation as well as your letter then advise on the best way for proceeding. Finally, here are some additional resources that might be helpful here: (1) Termination for Cause | When Can Construction Contracts Be Terminated for Cause? (2) Termination for Convenience | Can Your Customer Terminate You Without Good Reason? (3) How a Termination Clause Works in a Construction Contract (4) Wrongful Termination | When is Termination Considered Wrongful?
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