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judithn_gw

My Bad Contractor Question. Sorry, Long!

16 years ago

There seem to be many experts on this board! What would you do if you were in my position? I hired a home renovating company specializing in kitchens and baths to renovate our kitchen. The renovation has gone badly, the subs who do not speak English have worked without supervision. The quality of the work is questionable. The contractor/owner who assured us everything would be fine has been unresponsive to our questions or concerns.

The project began January '07 and was supposed to end March '07. There are a variety of things that are not done. I didn't think they were major things, but they did need to be done to complete the job. So, June 15th I reviewed a punch list with the contractor owner who said he'd take care of things then...we never heard from him again. We made repeated attempts, including stopping by the man's showroom, but there was no return communication.

In an effort to move ahead and complete the project, I began collecting bids from other contractors to finish the work left undone. I also arranged for the structural and electrical inspections. Here's where things got really bad. The work failed. The local code enforcement officials told me because the electrical work was potentially hazardous, they were taking steps to revoke the license for the contractor, for the sub who did the electrical work, AND for the electrical inspector who passed the work during the rough electrical inspection in February. The electrical inspector was from a private third party company, not from the municipal inspection office. That is how things work here, the electrical inspectors are a separate company. Only a few companies are allowed to inspect in my town, and this man who came was from one of them. That company will have it's name removed from the list of allowable inspectors in our town.

It is very aggravating, I did everything right in terms of permitting and inspections but I have serious problems, like wires in my walls that are not supposed to be used in walls, and low voltage wiring for high voltage undercabinet lights that you can't fix without ripping the travertine backsplash apart.

The local codes officials will be contacting the various people through their own channels. I do not know how long that will take. I have not attempted to contact the contractor or the inspector who gave this project the 'okay' in February during the rough inspection. I actually hired a second inspector on my own, to double check things because it looked a little dicey. Boy am I glad I did!

Now, the local codes officials recommend getting someone new to correct the electrical violations. I think I'm supposed to let the contractor try again but The list of violations is downright ugly and I don't think the first contractor or his people are competent to do it right. Plus, since they're on the verge of losing their licenses, I'm not sure the codes people want to even let them try.

Anyway, we have not made our final payment to the contractor because the work was not done, so I have some money to pay a new electrician. I am however concerned with the possibility of the first contractor trying to collect the monies still owed him.

I have access to legal services as one of my husband's work benefits beginning January 1st. It is only a modest outlay of cash, a payroll deducation of $20 a month. Once we're enrolled I will be matched with a lawyer who will help us manage writing a letter to the contractor and make a complaint. I might also pursue this in small claims court.

BUT do you think that waiting two months to initiate legal actions on this matter will negatively affect the outcome? I hate to lay out money on a lawyer because I now need every penny to correct the numerous code and frightening safety hazards left by the contractor, but I don't want to risk liens either.

By the way, this contractor has not asked for his final payment...yet. I don't want to take any risks though, in this crazy world, that he shows up in three years after we've paid others to fix his botched work, and says we do owe him money. I don't know if it makes a difference, but we're in Pennsylvania, in Bucks County. In PA there is not state licensing, but we have municipal licensing and it is our Township that will be revoking the contractor, electrician, and inspector licenses.

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