A shady contractor

Q. We need some advice on the contractor we hired. He signed with us in December for a start date in March. We knew he was busy, so when he didn’t start until the second week in April, we held our breath that this was just a hiccup and we were going to get moving. He told us the job would take six weeks, even though other contractors told us more than double that time. Now it’s moving so slowly that we’re ready to strangle him. He has resorted to not answering his phone and only shows up unannounced, so we’ve been missing each other. Instead of the “crew” of 10 workers, there are many days when there are only one, two or three at most, and the job looks like it will take until fall to complete. We want to replace this guy, but need to know how. He has material that has not yet arrived that he was paid for, and we have to figure out how to finish with him and move on to someone else. We’ve talked to a few others, and they say they’re able to get the work done.

A. This has been an unusually tough time for homeowners who never expected to be doing reconstruction and alterations. Hearing that a roundup of unlicensed contractors took place is just the tip of the iceberg. Contractors are suddenly in demand after a terrible economy, and some have eyes bigger than their promises. Are the promises he made you in contract form, and did you follow your agreement regarding payment? I often see homeowners paying whatever they’re asked to, not necessarily checking to see that what they’re paying for is actually finished or being done. When this happens, and the further ahead the contractor gets, the less leverage you have. Your contractor ruins it for the ones who follow a schedule and try staying on track.

First, examine what you have in writing. Hopefully your agreement was reviewed by an attorney, who usually looks for what-if scenarios, like what if the contractor gets way behind, or you decide to terminate for lack of performance. Second, it appears that the contractor is avoiding being confronted. I’m usually suspicious when the contractor’s address is a P.O. box or every time you call him, he has to call you back. You never reach him; he reaches you. Another flag-raiser is when you reach him and he doesn’t give his name right away, but instead says something like, “Who is this?” or “Who wants to know?” Cut ties with him as soon as possible, but make sure the materials you paid for are there. If you know where the materials are coming from, confirm the delivery. Good luck with a reputable replacement.

© 2013 Monte Leeper
Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.