Changing contractor mid-project?

9 years ago

I'm really concerned that my GC doesn't have the attention to detail skill that is likely required to do a good job on the rest of our project (12x24 porcelain flooring and subway backsplash). Should I review my itemized proposal and figure out a fair settlement for the work he has already done and tell him that I want to terminate the project with him? I did pay him a down payment (he would "owe" me funds) and we didn't sign a contract. He is a nice guy so I do feel bad about this, but at the same time I want a quality result.

First, the GC chipped about an inch of my cabinet (they aren't new, but are in great shape) while he was venting the range hood exhaust/installing the hood (he didn't tell me about it, I noticed it and left the GC a VM that night telling him that I saw the chip, but that I could re-stain it and that the cabinet door would hide it). My MIL was "babysitting" during the work.

Then a few nights ago as I was looking at the range hood while considering what backsplash I wanted to do, I noticed that the range hood isn't level.

Next, our granite was installed yesterday by our fabricator (now They did a Perfect job)... when my regular plumber wasn't going to be able to connect the faucet/sink until Wed I asked the GC if he had a plumber recommendation and he told me he could do the connections.

He came today at 10am and was here until 4pm, however the job still isn't done and this incident on top of the others has me questioning moving forward.

He connected everything with the cheapest plastic piping I have ever seen. Then when the water backed up he thought it was because there was a clog and left to get something to rod the pipe. In the meantime, I noticed that the drain basket "Kohler" branding wasn't symmetrical on both sinks. When he returned I asked him if he could fix it and he told me "Oh yes, they will be lined up when I tighten everything. I notice details like that too".

It wasn't until the end of the day that he realized that the wall drain is too high in comparison to the bottom of the sink and told me he would come back on Monday to fix the issue with heavier duty plastic piping that wouldn't leak with standing water and do a different configuration. Additionally, all along he has been telling me that his tile guy only does tile and has experience with hand-made tile if I go that direction. He said something today that lead me to think that he is leaning towards thinking he will just do the tile work himself... Definitely not something I am comfortable with, especially since he did not ensure that the Kohler drain baskets are lined up symmetrically. He corrected the branding slightly, but the pics speak for themselves. Perhaps I'm a perfectionist, but this was an easy thing for him to do perfectly especially since I mentioned it.

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Comments (11)

homebodyoasis
Original Author
9 years ago
Double bowl sink, left and right drain.
schicksal
9 years ago
The picture is small but, is the range hood what I see way out of level in the back/right of the picture? If so that doesn't look merely out of level, it's completely wrong!

I sort of had an answer in my mind before seeing that, and it changes everything in my opinion. If it's really dropping down a couple of inches at one corner and someone says it's good I wouldn't trust them to let the dog outside to go to the bathroom, let alone build a kitchen! Getting whatever amount of cash back from them I expect to be a challenge though.
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He messed up and needs to make it right. It is not professional to leave you hanging. Make it clear that that is unacceptable and that you expect that he step up and do what is necessary (and use those exact words). This was entirely on him and you need to communicate that you will not dither about it, nor will he be allowed to waste any more of your time. Just tell yourself before you speak to him that you do not have to be his friend and he does not have to like you. He can think you are a b*tch but he will have to do a professional job, as contracted, anyway. He will smell it if you are at all wishy washy or trying to convince him to do anything. Make it crystal clear that he has had his time to gather his thoughts, but now he must prepare your bathroom for the next inspection pronto. You have indulged his disappointment as to the situation, but he was the cause, so he can fret about it on his own time and worry more about making it up to you than about any extra work he caused for himself. This situation is backwards as he should be the one worrying about how to salvage his reputation and to make sure you are satisfied after his error.
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Virgil (and the people who liked his post) you misunderstood what I was saying. I never said anything about the contract between the OP and his architect. You are taking what I said to cmoncophd as a response to the OP. Which it was not. He gives an example of an architect (not necessarily the OP's architect) terminating a contract because the work was unreasonable (then assumes this is what the OP's architect has done). With this line of thinking, any purchaser of services (agreed upon with a fixed price contract) is free to literally run the the service provider ragged with revisions and changes until kingdom comes. This isn't logical, acceptable or practical in any way. At some point in time, any reasonable person will push away from the table and declare that enough is enough. This is my feeling of what your architect has done. My response was to him. I read this as him saying that regardless of the contract you can't expect a person to do an unreasonable amount of work. This is simply incorrect, the parties of a contract are obligated to foresee difficulties and plan for them, courts don't care about fairness. The courts have said that $1 is sufficient consideration to secure the transfer of any value. They have also said that a contract for $1 carries the same obligations as the same contract for $1,000,000 (a very few courts (Texas) say that consideration can't simply be token or nominal, but that doesn't apply here). I was commenting on the fact that no one, architect or other, can void a contract that they agreed to just because they didn't properly foresee the amount of work involved. It doesn't matter how ludicrously unfair it is. If you read my posts you will clearly see I was talking about fairness of a contract rather than the specifics of this contract. This had nothing to do with the OP's situation, only to cmoncophd's take on it. The architect in my post was the architect in his post that was fed up with the amount of work he agreed to.
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His response... “I know I made your day yesterday but... you just made mine! Very thoughtful of you guys but definitely not necessary. I really do love helping people and your kind words make it all worth it. BTW, Morton’s happens to be one of my Favs! I also feel as lucky to have you guys have the trust and faith in me to build your dreams! Thank you again!” ...and then we had a 2.5 hour conversation about my kitchen and bathroom cabinets. I’m sure things will come up during the finishing stage we’ve entered, and I’m ready and willing to forgive him for mistakes that happen. At least I know the foundation and guts of this house are 100%. He’s slightly OCD so things are pretty meticulous on the job itself. As he said in the beginning, he’s likes things more perfect than most homeowners he works with, so not too worried!
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I'm with Joseph on this one. A deal is a deal. Unless the client has caused some unreasonable delay in the project or the builder/remodeler has incurred a cost that couldn't reasonably be foreseen, the contract price is what was previously agreed to. If you're a contractor who's been in the business for a while, you will have missed stuff in an estimate. That's not the clients' fault. You'll cause some damage. That's not the clients' fault. Some stuff will be delayed. That's not the clients' fault. It's a continuing education expense.
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romy718
9 years ago
I know people do DIY tile jobs & do an excellent job. If the original plan was to let the experienced tiler do it, I would stick with that plan or find another tiler.
The plumbing & hood issues sound concerning but I'll those in the know comment.
palimpsest
9 years ago
I did change contractors mid project and I had to 1) pretty much let go of whatever had been paid to the first contractor, 2) find a contractor who was willing to take over mid stream without wanting to start completely over. and 3) get the first contractor to sign a paper that we agreed to sever the relationship and allow someone to take over from that point on. (The new contractor wanted this).
PRO
Joseph Corlett, LLC
9 years ago
I question how smart a contractor is when he lets a homeowner even see a chip like that. I would have stopped whatever I was doing and fixed it immediately, even if I'd had to set a rag over it while I made a trip to get matching stain.

Is your hood tight to the cabinet? If so, is the cabinet out of level?

If I couldn't replumb a sink in 6 hours, I would throw all my tools off the Sunshine Skyway Bridge and follow in after them. I'd never give a homeowner the opportunity to spot mismatched drain baskets either.

Terminate the deal now, but don't expect to see any money back. Don't let him near that floor.
homebodyoasis
Original Author
9 years ago
Thanks everyone.

Schicksal and Trebruchet, attached is a better pic of the range. The cabinet is level... Trebuchet, thanks for the laugh about the bridge comment. :)

This has been quite the learning experience. Palimpsest, thanks for the tip.
PRO
Joseph Corlett, LLC
9 years ago
homebodyoasis:

Your hood doesn't look as out of level as it does "racked" or installed out of square. Proper shimming and it should be fine.
homebodyoasis
Original Author
9 years ago
I was able to get a check for a fair refund of the work not completed.

Thanks again everyone, not a comfortable conversation to have, but relieved that I made the decision to change.
ardcp
9 years ago
if all that is left to do is tiling floor, plumbing the sink and tiling the bs then you dont need a gc anyway.
i would just hire a professional tile guy to do the floor and bs (or diy the bs ) and find your own plumber.
we did a kitchen reno within the same footprint and did not use a gc. my kd was the owner of the kitchen place so her team (husband and 2 guys) did the new cab install. they do not do plumbing and have a plumber they work with. the guy was awesome and it was good to know it was done right. i am planning to diy my bs.
it will be easier to find a tiler and a plumber than a gc, i would think.
good luck:)
oh and trebruchet i live in ny and it was 48 degrees today. i would kill to jump off the sunshine skyway bridge(that is the one crossing over from Tampa to the clearwater direction, right) i bet it is nice and sunny!
PRO
Joseph Corlett, LLC
9 years ago
"oh and trebruchet i live in ny and it was 48 degrees today. i would kill to jump off the sunshine skyway bridge(that is the one crossing over from Tampa to the clearwater direction, right) i bet it is nice and sunny!"

Yes and yes, I drove over it today.
susanlynn2012
9 years ago
Homebodyoasis, So glad you were able to sever ties with the former GC and get some of your money back. Please keep us updated on the progress of your kitchen.

Changing contractor mid-project?

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homebodyoasis
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