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lafdr

Can I request a subcontractor be fired?

lafdr
16 years ago

I am posting under new construction, because our addition is completely new construction, turning a window into a door to a hall to 2 bedrooms, and a garage.

I ended up writing a lot, so I will add my main questions at the top so folks can skip the rest if not interested in all the details:

The sub is a licensed electrician with no prior complaints I could find, and a previous 4 year history of good work for this GC, who is also licensed and came with good references.

1)Can the homeowner request a sub be fired? (for poor quality work and unprofessionalism incl disappearances for over a week more than once, raising costs without explanation, rudeness when asked for explanation)

2)Is the GC responsible for hiring and paying a new sub to finish?

3)Who owns the "as built" plans(house electrical plan with his extra notes of what he actually did which is important due to his mistakes and redos to bring his work up to code)? (the sub is refusing to turn them over unless we pay 250$)Sub has already been paid for work he has not even completed.

4)If the GC paid the electrical sub before the work was done, and a new electrician has to be hired and paid so the same work is paid for first twice, who is responsible for the extra cost?


I am wondering if anyone knows my actual legal rights on this. We are getting close to done on a new construction garage/2 bedrooms. The electrician was hired by the GC and has been repeatedly unprofessional argumentative and rude, and has not finished making his work up to code.......I will not go into more detail unless interested. I previously posted under electrical wiring about the problems if anyone is interested. And things have only gotten worse since then.

When we told the GC we were not comfortable having that electrician return due to yet another round of problems, the gc said he would take care of it. He told me to get another electrician to give us an estimate to finish the job, which I did (1500$ for what he est to be 2 days work, incl supplies) But when we started talking about who pays the new electrician, the GC says there is no electrical budget left, he has paid the other electrician already, and he believes he would have done the job up to code for that price. And he says his electrician tells him there are only 4 hours of work to do anyway. (We have seriously considered saying the electrician can finish if the GC supervises him the entire time, but there have just been too many problems and we are afraid he would do things poorly to get back at us for requesting he not return, and it is probably more like 3 days work)

Which I think is another example of the first electrician's dishonesty.....here is my quick list of what is left 4 ceiling fans assemble/install, 7 garage fluorescent lights install, 6 outdoor and indoor sconce lights install, 4 smoke detectors install, 14 outlet covers, multiple switch covers, 4 cable outlets wire just sticking out now, 4 cat 5 outlets wire just sticking out, cooler controls/power wires sticking out now, subpanel box is there, but no circuits are in and power has not been run from the main panel, and then power still has to be run to the closet where there is a fat bundle of wires needing to be connected, 220 power in garage where wires are just sticking out, fix rebar/ground per inspector, move fat conduit he ran over roof from in front of the clerestory window(DUH)and the conduit is not complete, running the cable and cat 5 over 100 feet across the roof and tying in. There is probably more. Not to mention the final inspection and any corrections which are likely given his history here.

After doing some thinking, my husband and I believe that we should not be the ones to hire a new electrician. We are already afraid the first part of the job is not to code and of questionable design/quality. We do not want an electrician we hire to be responsible for future problems due to the first guy. And the GC to not be responsible since we are the ones who hired the new electrician. I have also discovered more problems such as our existing phone line/cat 5 and cable in the room next to the addition is not working. And I want the GC/first electrician responsible to fix it since some part of their new construction has somehow damaged it.

The GC has been really reasonable on everything other than the electrician. He admits he was unprofessional for awhile but seems to believe he is still capable of finishing the job. We have asked the GC to come walk through what needs to be done to show him there is no way it can be done in 4 hours, and we are not the ones being unreasonable. Meanwhile the electrician is refusing to turn over his "as built" plans to the gc showing where /what wires he ended up running. And this is after he has been paid for much more of the job then he has done. And he is not returning the GC's phone calls who is trying to tell me "he must be busy on a job."

This is the first week in this 5 month project that I am losing faith in the GC, and I think he is avoiding us, and his tone of voice sounds different. I told him we want to walk through everything and see what needs to be done and talk about it. He said he'd call about this weekend when we spoke Friday, and I haven't heard from him as of late Saturday. I am wondering if part of the problem is that I also am asking for our final expenses itemization and I am guessing he has been running numbers and may be discovering he is way over his expected cost after being so far off on his time estimate and is making less than he hoped. And I am asking for a calendar of what needs to happen and when it will be done. (This was supposed to be an April-June 31 job, so I figured we would be done by July 31, never imagining going past the kids starting school at the end of August) And it is not clear when we will be done. With one guy here working, and not every day, I will be surprised if we are even done in a month.

The other electrician we were going to just pay, then worry about trying to get reimbursed later, and he was going to do the job next week. I went ahead and left him a message today to put the job on hold til we work out who is responsible, so the problems and work to be done are not fixed by the time the GC sees them. (I left on the message I would be happy to reimburse him for his time and effort for the bid since we spent an hour walking around to see the job, then he had to get put time into the bid itself)

We still owe over 1/3 of the total cost, and the total amount in question including electrical and changes is under 5k. Which is a lot. But certainly negotiable.

Sorry so long, it is such a relief to just get it all out and get feedback on if I am the one being unreasonable, and why, and what usual job/industry standards are. If the GC would just come over and talk I am pretty sure I/he would be reassured, but his avoidance makes me think of the worst case possibilities.

Thanks for your experience/knowledge/ideas about what is right!

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