I hired a kitchen designer and acted as owner/contractor on the renovation project. All subs I hired completed their jobs to satisfaction, however, the Kitchen designer installer has done nothing but make excuses and when the project should of been completed by 10/18/2013 I just kept getting delays. Now because I’m holding back approximately 5% of the total costs so the punchlist can be completed along with other items, I’m now getting attitude and no reply’s. How do I go about #1 getting this project completed #2 OR getting my materials #3 reporting him to the appropriate authorities. I’m at a loss, I’m a single women who is beside herself.
Appreciate your guidance. I’m in Pinellas County Florida Clearwater, Florida.
Well Unregistered- I have to ask you a few questions first for everyone’s benefit.
Did you ask for a copy of the Contractors License?
Did you ask for a copy of the Contractors Insurance?
Did you get a written contract showing date of completion and scope of work?
Have you called the local Building Official to inquire about other complaints?
Have you called your States Department of Occupational Regulations Office to file a complaint about your contractor?
Are you sure you are not asking for more than your Contract dictates? ( In other words are you just unhappy with the work and feel you have been done wrong or the contractor is just not plainly living up the signed agreement, If you have one)
I do have some contacts in Pinellas County, Florida that I could send your information to but you need to ask your self the above questions. You must do your due diligence before you begin to accuse a contractor of fraud. Doing so premature or for the wrong reasons (like just not liking his work) will land you in court on a defamation of character case.
Just so you know a large amount of contractor fraud is committed by…contractors who seem to be licensed. One of my areas of expert knowledge (if I have such a knowledge) is contractor fraud. The Construction industry is an 800 billion dollar a year industry; and of that 800 billion roughly 10-15 percent is made up of construction fraud by seemingly licensed contractors who for what ever reason went over to the dark side.
I am an advocate that all contractors (before you hire them) should have a background check, licensed verification, insurance verification and previous client interviews. However, that’s just my way to trying to reduce the potential for construction fraud.
Ahhh, yes I overlooked that small detail. However, her role as the General contractor puts here at an even higher risk because she really should verify all subordinate contractors she will be supervising.
What she should have done was demand a copy of the licenses of all sub-contractors, a properly executed work contract, obtained copies of their insurance and lastly and most importantly she should have (and many don’t do this) written a performance contract up that demands the sub-contractors provide her with all inspections (pass or fail) in a timely manner. if any of these items are breached she has a better chance of getting the subs licenses suspended or revoked for failure to meet contractual expectations.
I see a lot of people who want to file a claim against a contractor or sub-contractor simply because the final result is not what they expected. This is not fraud, it is a disconnect between the contractor and the owner over the final result. However, many customers think it is fraud and it is not.
First thank you, and your right I should of done a lot more due dillegence prior to hiring this contractor and will admit I did not. Answer to your questions:
Did you ask for a copy of the Contractors License? NO I DID NOT, I DID HOWEVER CHECK SUNBIZ.ORG TO VERIFY HE WAS A LEGITIMATE BUSINESS.
Did you ask for a copy of the Contractors Insurance? NO ID DID NOT
Did you get a written contract showing date of completion and scope of work? YES I DID, AND PARTS OF HIS CONTRACT ARE STILL NOT COMPLETE.
Have you called the local Building Official to inquire about other complaints? I WAS NOT AWARE I COULD DO THIS AS THIS IS ALL NEW TO ME.
Have you called your States Department of Occupational Regulations Office to file a complaint about your contractor? NO I HAVE NOT AGAIN, WAS NOT AWARE I COULD DO THIS.
Are you sure you are not asking for more than your Contract dictates? ( In other words are you just unhappy with the work and feel you have been done wrong or the contractor is just not plainly living up the signed agreement, If you have one) THERE ARE DEFINATELY THINGS THAT I AM UNHAPPY WITH DUE TO WORKMANSHIP, HOWEVER, THE MAIN COMPLAINT HERE IS TO FINISH WHAT HIS CONTRACT REFLECTED. WHILE THE ITEMS THAT ARE OUTSTANDING, THEY ARE ITEMS THAT WHERE IN MY CONTRACT. HE IS NOT RESPONDING TO THE PUNCHLIST I SENT ON SAT. 11/9 AND 11/11. I HAD A CONVERSATION WITH HIM ON 11/11 WHICH HE INSTRUCTED ME TO SEND A COMPLETE PUNCHLIST AND HE WOULD GET BACK TO ME WHICH HE AS NOT. I LEFT A MESSAGE FOR HIM YESTERDAY, AND STILL HAS NOT RETURNED MY CALL. WHEN I SPOKE TO HIM ON MONDAY 11/11, HE CALLED ME BY ACCIDENT, WHEN HE CALLED HE STARTED THE CONVERSATION WITH WHO HE WAS AND WAS RETURNING A CALL REGARDING A REPLACEMENT OF A COUNTERTOP. I CAUGHT HIM OFF GUARD WHEN I TOLD HIM WHO I WAS.
I am in Clearwater and can give you some guidance on this. I have remodeled kitchens for 30 years and know the process, and the misgivings. Email me to make an appointment.
Call your states consumer affairs division, They will give you the best advice on how to proceed. Every state is different but most have very strong consumer protection laws to protect you in a situation like this. I recently had a contractor pull a similar scam on me and I was awarded triple damaged in court plus attorney fees. The justice was swift and harsh for the defendant who in the end lost much more than he stole. Shoot me a call if you want more details.