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jphillips_3_gw

is what this contractor did legal/ethical? What should I do?

jphillips_3
10 years ago

we signed a contract detailing the scope of work for a large project -- in two phases. The grand total was $44,000. It included materials (or allowances for them), all subcontractors and the contractors labor, expenses and permit, etc. It stated start date, but no end date or estimated completion time. (my mistake!)

He asked for half down at signing -- which I thought was standard so I did it. That was last day in February. Due to an unexpected surgery I needed in March we postponed to start mid-May. We are now mid August and phase one is still not done!!

Once we got close to work he said I should pick out materials -- tub, tile, shower door, vanity, fixtures, etc.... and pay for them since it would easier. I could take the cost (or allowance) off the total I owed him at the end. He even had me buy my own paint!
Then the electrician and plumber asked for checks... the contractor said it was best since they couldn't do a lien then. I trusted and paid them.

We have now paid about $20,000 out of pocket for all these expenses. The contractor did pay for one permit, he did purchase carpet for upstairs and the install on it. Otherwise a little dry wall.... and this labor. First phase not done second phase not started.

He worked only 3 hours last week... very little ever. Says that he has other jobs and ours has to fit into his available free time.... I believe it is because he needs the cash flow as our $22000 is gone (and not to our supplies and subs either!!).

Is what he did of bidding and asking for half of a total... but then having me pay for the expenses right?!?! Legal? Ethical?
What action can I take to get him to commit to a timeframe?? If he doesn't complete work we are out about $12,000 in labor still owed to us that we'd have to hire someone else to do (since we paid him the 22 and also the subs and materials the 22 is full labor and he has not done it)!!

HELP!

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