How do I deal with my contractor?

My contractor was supposed to start work on our house first week of June (stone patio, painting the inside of the house, some electric work and tile work). He didn't show up that week and we called him the very first day to inquire about it. Well, he says "oh sorry, i hurt my hand 4 WEEKS AGO, and so i'm running two weeks behind." He didn't bother to call us after his injury which I thought was very unprofessional. He's been very lazy about staying in touch with us about the projects and tries to weasel his way out of some work days. I do not feel that we should pay him the full amount per our contract. He is 4 weeks behind on his project (per our contract) and we are truly annoyed. We have patio stone sitting on our driveway for almost 6 weeks...its ridiculous. How do I tell him (at the end) that we are not paying him the full amount? Is it legal? I think it should be since he didn't fulfill his part of the contract time-wise. He was initially 2 weeks late (after his injury to his hand...which I looked at and was, its not like he does all the work by himself). Then he got behind 2 more weeks. I can sue him right back. Our contract says that he should be done latest by July 3.

Asked By: Gumnaam1 - 7/11/2007
Best Answer - Chosen by Asker
If the contract between you didn't stipulate that there would be a discount in the price for each day that he went over the deadline, then you should pay the full price. If the job hasn't started then you still have the option to cancel (in writing) and demand that he come get his material out of your yard... More
Answered By: Romeo - 7/13/2007
Additional Answers (8)
Sorry to tell you, but this is common. EVEN for the good contractors. You may have a major problem if you hold his money. He may even sue you. You had better check your contract first... More
Answered By: mel s - 7/11/2007
What does it say on the contract. Is there a stipulation on the time period? I think not. Go ahead, Try not paying the full amount, you are gonna see Judge Judy.
Answered By: ButwhatdoIno? - 7/11/2007
you might be in trouble just holding back money if you have a family attorney I would run your problem by him first before holding any money it's far better for you to take legal action in stead of the contractor taking legal action against you. did he have a surety bond
Answered By: Fred S - 7/11/2007
Cut your losses and cut him now. Ask the BBB about him to see if there are any other complaints about him and report it... More
Answered By: donna D - 7/11/2007
You always have the option to fire him and hire someone else. Pay him for what he has done and nothing more. It is your right. He is after all working for you. Always remember that when you hire you are the person paying for the work so you call the shots, not the person working for you. If they don't live up to... More
Answered By: dawnb - 7/11/2007
Okay even if the estimated completion date was missed unless you also have penalties for being later you cannot legally hold back any money. Should he complete the job and you refuse to pay chances are he will not sue his better option would be to put a contractors lien against your house which is far worse should you... More
Answered By: John S - 7/11/2007
Write down your complaints, a statement of request for his initialing a work log, notarize it and give him a copy. Keep a log of his work time, the delays and reasons for delays whether he initializes or not. You may be able to get a neighbor to witness later if needed... More
Answered By: bd - 7/11/2007
this is just how almost not all but almost all contractors are. doesnt matter why, it just is. almost (not all) all contractors get wind very quickly of people they think are "problems" and they have their own way of dealing with them. mostly, they just work until they have caught up with the amount of money you... More
Answered By: smartypants - 7/11/2007
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