Good luck to that. Your time is meaningless to the courts, you have the contract with the builder and obligated to pay based on that. Now if you know of a dirty judge ... by all means [hint most of the judges are].

I know, but somehow it makes me feel better! The two things I have in my favor are that our final payment has not been paid and that he REALLY wants a reference from us for future clients.

Then approach him with taking items off the list for a minor discount BEFORE you do them.

He may be willing to renegotiate to lessen his work. But he's not going to pay your 'bill' that you spring on him. That's insulting.

My husband threatens to bill for his time. He's an attorney (now retired, though) and his time when billed to clients can really add up. So it ticks him off to no end when someone wastes his time.

But, as BT pointed out, you have a contract with your builder/contractor, which the courts would uphold (with a possible exception, as explained below). And, one party to a contract cannot unilaterally make changes to the contract.

However, two things work in your favor for negotiations: (1) your final payment has not yet been made, and (2) he wants a good reference from you for future clients. You could contact your builder and set up a date/time to meet with him in person. Print out two copies of your spreadsheet to take with you. At the meeting, give one spreadsheet to the contractor. As you go over the list, make notations on the agreements/changes. You might also take a tape or video recorder with you (but, depending on the area in which you live, you might be prevented from recording the meeting unless all parties to the meeting are aware it's being recorded, so bear that in mind. If such a restriction exists, you can still record the meeting, just make sure everyone knows it's being recorded).

Let the contractor know that you are willing to do some of the "legwork" by contacting vendors, etc. Negotiate an amount that would be deducted from your final bill for your time and effort in doing this work.

For all you know, your contractor might be thrilled to have some of the burden taken off his shoulders, and would be happy to compensate you by way of a reduced amount due.

Good luck!!

I foolishly paid the final installment with a few minor items left to be addressed. Kudos for prepping a spreadsheet, nothing like having it in writing.

Don't pay until all items are looked after - that means all items.

If he wants a nice warm reference from you he should oblige.

Not to mention, I've spent time calling manufacturers because I don't believe the mansplaining from the contractor about why certain things are not working as they should. Not surprising, the story from the contractor ("that's just the way it is") is contrary to what the manufacturers say.

He'll be delighted to give you a discount to make this go away, believe me. Hit him hard. Lawyer, schmoyer.

Be sure and let us know the response you get.

Did you bid the project around? Was your contractor the low bidder?

You both signed the agreement so you must stay within the terms of it. Its too late to add clauses you wish had been included. If it was a professionally written contract it should have separate sections defining the responsibilities and rights of the Contractor and of the Owner.

Here is an example of a contract clause that protects the owner.

I doubt it would be worth going to that much trouble over a punch list but the threat of it might help to motivate the contractor.

Unfortunately, most single-family residential Owner-Contractor agreements are written by the contractor and include few protections for the owner.

IMO the problem started long before now with a contractor and you not gettings changes or issues in writing. Now it is going to be a PITA to get things fixed. I guess it also depends on how much money you held back.Your contract is your bible so make sure you have one that states all the items that need fixing and signed by you both .Honestly you are taking it upon yourself to make calls etc so thats life and your choice.

Write a comprehensive and numbered list and email it. If you don't get a response, mail it.

I am having a similar situation with my contractor where he went out of town suddenly right after he demoed my kitchen and then I had to be home and schedule the rest of the work/trades. What should be expected when a contractor included a overhead/profit in their estimate/invoice, but the homeowner was the one who had to stay home and talk to the trades (including scheduling, staying home while people did demo, install, labor, etc.)? I am genuinely curious what this overhead/profit is supposed to cover when the other items on the invoice already included things like labor and materials separately. I know overhead is usually 1.5 of the contractor's cost, but that usually includes things like project management and design. In my case, a lot of the PM and design was on me and I had to miss a lot of work to be home for different people who came over. I also am tempted to bill my contractor for my time -- but, of course, I won't. I would probably just try to talk with him about what I was unhappy with and see if he gives a discount.

You catch more flies with honey. I know a carpenter like this, but the old German lady always gets his attention and he stays to the end. I think it's her desserts and her stories. This is the hardest part for contractors--the final details.

I'm going to ask you a few questions, so don't take offense:

1. When you have to make a decision do you do it or do you have to talk it to death, reconsider and put 20 possibilities in front of the contractor before you finally decide?

2. Are you happy with what's been done? Do you show it?

3. The squeaky wheel gets the oil. Can you be professional, but persistent? "Just calling again, Mr. Hammer, to see when you'll be back. According to my list these are the 4 things that need to be done: 1. switch plates 2. cat door 3. wainscoating 4. screen door." Text. Voice mail. Snail mail. Email. Use all the ways. Try one at a time, but consistently. Oh, and pray hard.

Yes, that works better. The list, hand it over in person, walk it with him. Honey works!