House Contractor Won't Finish - Repercussions?

[treillw]

Withhold money from the items he has not been paid in full for. Hopefully your contract indicates that payment does not constitute acceptance.

Now that I am curious though, was the beam not sized as in the plans?

The beams that he installed are smaller than the beams specified in the engineering calculations.

I'm a structural bridge engineer. I don't dabble in wood and buildings much. But I'm smart enough to review the calcs done by the engineer of record and substitute in the design criteria for the alternate beam which was installed. It's undersized by something like 40% - kind of substantial!

 

[treillw]

What State?

Montana

 

[treillw]

I have successfully had corrupt contractors face serious fines for failing to properly fulfil their obligations and received reimbursements for wrongdoing from them. Bonded and licensed gives you leverage. It stays on their record too.

He is licensed, but our contract is not bonded.

How did you go about this? Just reporting it to the licensing agency?

Thank you.

 

[hobbes]

Start here:

Construction Contractor Registration

erd.dli.mt.gov

Structural bridge engineer? Work with the state or consultant? Either way, you have to work around some folks with not only contractor experience but contract experience.

If the contractor is clearly not responding and you have a written contract, I'd review the contract and see if it lays out your method of recourse. Follow the contract if it does. If not, I'd start with a written notice stating that your next step will be legal action if you're not contacted with a plan for the contractor to complete said punch list. If you do that, you'll want to follow through.

 

[fwafwow]

This is still not resolved? You should get professional help, especially if there is any deadline for notices etc.

 

[Preston]

There are so many flaky carpet bagger contractors in Montana right now it’s scary. We have got screwed over a couple times past, but paid them and moved on to find better proficient professional contractors. Licensing in Montana only requires a Independent Contractor Exemption Certificate and a nail bag, it’s not based on testing, skills, or knowledge. If he undersized the beams I bet you have other problems. I would hire a professional building inspector and get a inspection. If the inspection has numerous issues I would pursue his commercial liability insurance for errors and omissions. Best of luck. Second piece of advice always buy your own materials and never pay upfront.

 

[Jonesry09]

As a custom builder/remodeler it's a bit funny to read all the comments about shady contractors etc. With the volume of work out there right now (or at least 6-18 months ago) there were a lot of hacks out there doing work. These people get business because honestly, A LOT of people don't want to pay the cost for the quality ones. If in these times you find someone who can get to your work within a couple months, RUN!! It's not worth the money you will save working with these guys.

To the OP. In MN we have the Department of Labor and Industry. They have a fund that all contractors pay a percentage into (like a tax to cover shitty work). This fund is there to help people in your situation get the work completed by a qualified contractor. I would search for your governing body and get ahold of that ASAP. You are quite a bit behind the ball already and so time is of the essence. MN also has a law stating that you have the right to have any and all work done by a separate contractor and invoiced to your old contractor. Again, this would be done through the DLI in MN.

I mean this in the most sincere way possible (as these shady contractors give us a bad name), use the time you'd be spending on this forum to google and call the labor industries in your state. If you have an undersized beam, this should have been caught at your framing inspection. That is on the inspector. So I would also be reaching out to your city/county (whoever does the inspections) and getting them involved. They tend to be very pro-homeowner and could be your greatest ally. They can block the contractor from pulling any further permits and also put stop orders on any currently open permits. This will get their attention very quickly.

Unfortunately, you are going to need to put some time into this. Lots of time on the phone and talking to the relevant agencies but if what your saying is true, its going to be well worth it for you.

Hope that helps.

 

[woods89]

As a custom builder/remodeler it's a bit funny to read all the comments about shady contractors etc. With the volume of work out there right now (or at least 6-18 months ago) there were a lot of hacks out there doing work. These people get business because honestly, A LOT of people don't want to pay the cost for the quality ones. If in these times you find someone who can get to your work within a couple months, RUN!! It's not worth the money you will save working with these guys.

This paragraph is spot on. I'm a small time remodeler in a very rural area. In almost every locality there are some really good contractors who have experience and integrity. Almost universally these days they are expensive and you are going to wait awhile. If you want someone to blame for this, blame all the parents who for the last 50 years have been telling their kids they have to go to college so they don't have to work with their hands.

For those of you who are starting on this journey, start asking around. Ask a few suppliers in your area who they recommend. Find someone who has a nice list of happy customers ( not necessarily references provided by the contractor himself.) The days of getting multiple bids and being able to choose on price are gone. Find the contractor who can deliver the product you want, and then get ready to pay for it and be patient.

You are not going to "hack" this system just because you've watched some home improvement TV.

 

[WV Mountaineer]

Contact your states attorney general. You’d better pray he is licensed. If not, they can’t do squat. If they are, you are going to have to produce evidence it is something he agreed to do. If you have such evidence and hired a legitimate contractor, when the attorney general is finished with him, he WILL finish that house.

 

[treillw]

Start here:

Construction Contractor Registration

erd.dli.mt.gov

Structural bridge engineer? Work with the state or consultant? Either way, you have to work around some folks with not only contractor experience but contract experience.

If the contractor is clearly not responding and you have a written contract, I'd review the contract and see if it lays out your method of recourse. Follow the contract if it does. If not, I'd start with a written notice stating that your next step will be legal action if you're not contacted with a plan for the contractor to complete said punch list. If you do that, you'll want to follow through.

I have lots of contract experience. The home building industry is totally backwards in my opinion. Every contractor that I know of in town comes with their own contract when they are ready to be hired for a job. This is complete and utter BS if you ask me. I am giving you hundreds of thousands of dollars worth of work. You should abide by my contract. That's how the rest of the construction industry works and job market as well. I can't go get a job somewhere and make them sign MY contract. DOTs would crack up laughing if a contractor brought his own contract to the table for a job. Most people probably don't know any better and if they do, I don't think there is much you can do anyway - it's the way the industry is.

I know for darn sure that if I would have put together specifications and a contract for builders to bid on my project, the majority of them wouldn't have touched it. Why would they when there is plenty of other work waiting to be scooped up that they can do on their own terms?

 

[treillw]

As far as getting what you paid for goes....

We did pay a premium to have him do the work - about $50k more than the lowest bid. Sad part is that I know the lower bidder would have done a more ethical job.

 

[woods89]

I have lots of contract experience. The home building industry is totally backwards in my opinion. Every contractor that I know of in town comes with their own contract when they are ready to be hired for a job. This is complete and utter BS if you ask me. I am giving you hundreds of thousands of dollars worth of work. You should abide by my contract. That's how the rest of the construction industry works and job market as well. I can't go get a job somewhere and make them sign MY contract. DOTs would crack up laughing if a contractor brought his own contract to the table for a job. Most people probably don't know any better and if they do, I don't think there is much you can do anyway - it's the way the industry is.

I know for darn sure that if I would have put together specifications and a contract for builders to bid on my project, the majority of them wouldn't have touched it. Why would they when there is plenty of other work waiting to be scooped up that they can do on their own terms?

I wouldn't say it's backwards. Customers just need contractors more than contractors need customers right now. That's not to say that both parties shouldn't be satisfied in the end, but until we figure out a way to get more skilled tradesmen into the industry, this is the dynamic we have to work with.

 

[displacedtexan]

The beams that he installed are smaller than the beams specified in the engineering calculations.

I'm a structural bridge engineer. I don't dabble in wood and buildings much. But I'm smart enough to review the calcs done by the engineer of record and substitute in the design criteria for the alternate beam which was installed. It's undersized by something like 40% - kind of substantial!

Did they pass inspection?

 

[hobbes]

I have lots of contract experience. The home building industry is totally backwards in my opinion. Every contractor that I know of in town comes with their own contract when they are ready to be hired for a job. This is complete and utter BS if you ask me. I am giving you hundreds of thousands of dollars worth of work. You should abide by my contract. That's how the rest of the construction industry works and job market as well. I can't go get a job somewhere and make them sign MY contract. DOTs would crack up laughing if a contractor brought his own contract to the table for a job. Most people probably don't know any better and if they do, I don't think there is much you can do anyway - it's the way the industry is.

I know for darn sure that if I would have put together specifications and a contract for builders to bid on my project, the majority of them wouldn't have touched it. Why would they when there is plenty of other work waiting to be scooped up that they can do on their own terms?

You are correct. However, most homeowners are incapable of writing specs or acontract. The closest they get is using an architect that writes a set of specs. In most cases with home building the plans along with plan notes cover everything that would require specs. The general or prime contractor uses a contract that suites their needs and likely protects them more than the homeowner.
Good luck. It sounds like you need legal assistance or find another contractor, whichever will hurt the least.

 

[treillw]

Did they pass inspection?

Inspection wasn't required in our county. Should have gotten it done anyway. Would have been well worth the money.

 

[svivian]

Inspection wasn't required in our county. Should have gotten it done anyway. Would have been well worth the money.

Did the contractor tell you you didn’t need it or did you choose not to? Not to pick on you but to spend $50k more for a contractor then skip paying for the inspection to save?

 

[displacedtexan]

Inspection wasn't required in our county. Should have gotten it done anyway. Would have been well worth the money.

We do a lot of stuff that doesn't require inspection.

But we still make sure to exceed standards.

 

[treillw]

Did the contractor tell you you didn’t need it or did you choose not to? Not to pick on you but to spend $50k more for a contractor then skip paying for the inspection to save?

Alright...

Are such questions necessary??

 

[Jonesry09]

Inspection wasn't required in our county. Should have gotten it done anyway. Would have been well worth the money.

Scary to think that a state/county doesn’t require an inspection on something that involved beam calculations. In MN anything structural, including any modification to an exterior wall (window or door install), or anything involving plumbing/electrical/HVAC/insulation would require a permit and inspections.

Was there a permit? If so, how does your county know that the work was done to code? Submitted photos? Just trying to wrap my head around the process in your area to better help you out.

 

[def90]

Scary to think that a state/county doesn’t require an inspection on something that involved beam calculations. In MN anything structural, including any modification to an exterior wall (window or door install), or anything involving plumbing/electrical/HVAC/insulation would require a permit and inspections.

Was there a permit? If so, how does your county know that the work was done to code? Submitted photos? Just trying to wrap my head around the process in your area to better help you out.

A lot of places in Texas that don't require permits or inspections..