DESPERATE for LEGAL HELP: Advise/Referrals Needed for Suing Contractor

Quoting a letter I recently had sent to my contractior on a project here, Yours should end up sounding like this...



"""As of Feb. 4th, 2003, the xxx’s Project was paid in full. Other contractors working on the xxx’s property are now being inconvenienced by egos and innuendo, costing time and money to all. The xxx request that xxx provide a written schedule to the xxx’s detailing their plans for completing the work for which they have been paid in full.

Sincerely,
"""

Basically, after you aske for it they HAVE to provide the written schedule to you. And make sure you send it certified!!!!


My letter worked wonders!!!!

DrS

 

First try to work it out with the contractor. It sounds like you have done that.

In most states a contractor has to have a license. To obtain the license the contractor must have bonding and insurance. The short cut to the contractor is their bonding agent. A call to their bonding agent should expedite the process with lightening speed. The contractor's bonding and insurance information is public record and can be obtained through the state.

In Georgia contactrofessional Licensing Boards Division

(478) 207-1416

 

If has been a year or even six months, you are being blown off

 

If you call the agent to tell them you have a claim/complaint against the contractor, they will be on the phone IMMEDIATELY to the contractor and in turn the contractor will respond to you. He does NOT want to hear from the agent. If his bond or insurance is pulled ... he is out of business.

Get the information from the state and make the call and then let me know how it goes. In the end you want your problems corrected and this will get the contractor's immediate attention. The minute you take legal action you have added at least a year to the process of rectifying the problem.
Janet

 

Nope. They won't say "SO?" They should be right on top of the situation. They hold the "piggy bank" for the contractor. It is their business to care. This is the Achilles heel of the contractor. Believe me ... that one simple call should get you a response from the contractor. Please give it a try. It is done all the time. Just tell them that the contractor's work did not fulfill the contract and that you have been unable to get a response from the contractor. They will have the contractor call you immediately.

Also, for reference ... in case anyone is thinking of hiring a contractor for any sort of project, the time to check them out is BEFORE you hire them. Call the state licensing office and ask for the bond/insurance information and also ask the state if there have been other claims or complaints. You can't trust the yellow pages ad that lists the contractor as "bonded and insured". The ad means nothing.

 

How much to fix it yourself or through another contractor? Might be the better alternative...just get the problem solved instead of wasting time/money/energy chasing after this guy, who's obviously not interested in helping you. I agree it's not fair, but maybe you are now focusing on him instead of the problem.

A fixed driveway is the desired end-result, right? Take the shortcut to the end result you want. If you add up the cost of legal fees, complications with your neighbor, your emotional distress, time, etc., this might be the cheaper alternative as well.

You can continue to make life difficult for this contractor through legal avenues or by exerting pressure thorugh his bonding agency, whatever. But your personal life will no longer be negatively impacted quite so much. Moving on always makes you feel good because you take control of the situation back. And many times it also presents solutions to problems in unexpected ways.

 

I have been in the construction business, among other things, for the past 25 years. My company has completed well over 500 projects and I have never been in court or even threatened to be sued. The reason being is that I have never, based on your post, behaved like your contractor. I'll give you my opinion on some of your issues:

You have a contract with the general contractor, not the subcontractor, that's why the general got the check. If he really said this he is needs his a$$ kicked, in court.

Even if the dollar amount is within the limitations of "small claims" in your state, you need an attorney. Don't get just any attorney, get a good one who deals specifically with construction litigation. Have him prepare a specific, clear and very threatening letter to the general contractor. This in itself may solve your problem.

You mentioned verbal agreements, these do have valididty. More importantly, a quality job that meets the standards of construction is implied by the fact that the general contractor took your money and did the job. Remember that it doesn't matter who did the physical work, the general contractor is responsible. I have redone substandard work, at my expense, that subcontractors wouldn't stand behind. They got fired, but it was my responsiblity to do the job properly.

In my opinion they are better as allies than defendants. I don't think you would get anything out of them if you did sue them.

A couple of other things:

Obviously, from what you have said, the general contractor is a bad businessman and there's a chance he doesn't have the money to fix the job. The same may be true of the sub, thus the general can't get him to respond.

If the general contractor is solvent, get that attorney going. Don't make the same mistake with the attorney you made with the general contractor. Get the best one you can get and hold HIM accountable. He can also sue for his fees, depending on the contract you signed. Have him review your contract to see if there are arbitration clauses, etc.

You can also be creative; find out if the general contractor is doing any high profile jobs and threaten to picket them. When I had a slow paying building owner (physicians building), I threatened to hire a few homeless guys to carry picket signs a couple of hours per day in front of his doctor tenants and their patients. He paid. Check with your attorney first.

This may not make you feel better but in the world of construction litigation this is small potates, you may have just learned a $ 10,000 lesson.

Good Luck,

Scott

 

"In most states a contractor has to have a license. To obtain the license the contractor must have bonding and insurance. The short cut to the contractor is their bonding agent. A call to their bonding agent should expedite the process with lightening speed. The contractor's bonding and insurance information is public record and can be obtained through the state."

Unfortunately Janet has no idea what she is talking about. Georgia has no licensing requirements for contractors and most states have no requirement as far as insurance and bond even if a license is required. You would be the one to have required a bond and it would be specific only to your project. Even then you would have had to file your claim wihtin one year. You should have requested insurance certificates from the GC but that is not an issue here.

The cost of removing the existing drive is going to far exceed the original cost, that is why they won't come back. You need to take your contract to an attorney who specializes in construction law and have him review your options. You do have a problem since there were verbal agreements which you can be sure the contractor will deny. In addition with a crown is the normal way to install a driveway which appears to be what they have done.

The other question is where were you when the work was being performed. If you offered no objection at the time you are probably stuck. You should have documented the problem immediately.