My Contractor Just Quit

[GRG a/k/a goldenrulegirl]

A constable appeared at my door this morning to deliver a letter from my contractor's attorney telling me the contract is now void because I failed to pay him the holdback.

The letter said all work on the Punch List will cease (as if they have done any since May) and the warranty is void.  

I may no longer contact the contractor.  I am to deal with the attorney only.

I am LMAO in a "what a freaking nightmare" kind of way.  I can puruse this.  Or, maybe, this is one of those gifts in disguise.  

Oy.

[zibazinski]

He can and will put a lien on your house.

[GRG a/k/a goldenrulegirl]

I can, and might, go after him.  

[ArchietheDragon]

ugh.    sorry.  what a pain in the ass. 

[GRG a/k/a goldenrulegirl]

We are about to get hit with the remnants of the hurricane racing across the U.S.

Several inches of rain are forecast.

I have some gutters.  But, I am missing some downspouts (among many other issues).  No denial on his part.  Just a refusal to do the work.

[The Walk of the Penguin Mich]

I hope you have lots of pictures!

[NastyWoman]

Oct 28, 2015 11:58:22 GMT -5 The Walk of the Penguin Mich said:

I hope you have lots of pictures!

and a good lawyer. Take pictures today before the storm hits, so you have proof of how his delinquency caused additional damage, should that happen

[GRG a/k/a goldenrulegirl]

I am also missing several thousand dollars worth of household items: towel racks, decorative hooks, curtain rods and finials, light fixtures, a really nice extension ladder.

Do I file a criminal complaint with the police and follow it up a with a theft claim to my insurer? 

Don't get me wrong.  I had no intention of escalating this.  We have been nothing but reasonable -- they first signed off on the Punch List back in JANUARY.  I've been more than reasonable.  I have tried to work with them.  They just don't give a crap despite the fact that ALL of their marketing materials trumpet how high the quality of their work is, how they use only the finest materials, and how customers' homes end up better than before the claim.  

[GRG a/k/a goldenrulegirl]

Oct 28, 2015 12:01:18 GMT -5 NastyWoman said:

Oct 28, 2015 11:58:22 GMT -5 The Walk of the Penguin Mich said:

I hope you have lots of pictures!

and a good lawyer. Take pictures today before the storm hits, so you have proof of how his delinquency caused additional damage, should that happen

I do, and I will.

And, THEY have 250 pictures that they came out and took themselves in August.  

Again.  They do NOT dispute that there are issues.  They probably calculated how much it would cost them to do the remaining work and re-do the crappy work and figured it wasn't worth their trouble.

[The Walk of the Penguin Mich]

Oct 28, 2015 12:02:43 GMT -5 GRG a/k/a goldenrulegirl said:

I am also missing several thousand dollars worth of household items: towel racks, decorative hooks, curtain rods and finials, light fixtures, a really nice extension ladder.

Do I file a criminal complaint with the police and follow it up a with a theft claim to my insurer? 

Don't get me wrong.  I had no intention of escalating this.  We have been nothing but reasonable -- they first signed off on the Punch List back in JANUARY.  I've been more than reasonable.  I have tried to work with them.  They just don't give a crap despite the fact that ALL of their marketing materials trumpet how high the quality of their work is, how they use only the finest materials, and how customers' homes end up better than before the claim.  

I would start collating this material before it disappears.  Things have turned adversarial, so you now need to respond comparably.  That includes getting your own lawyer, and also contacting your insurance company.  I believe that there is some expectation that the work you have done is considered up to their standards, as they are paying for it.

[chiver78]

yes. contact your lawyer and definitely take pictures before the storm. do you have a list of the things that were never delivered/removed from site?
also, print all your correspondence with these idiots. you'll need that, the punchlist, your contract, etc.

sorry you have to deal with this...

[yogiii]

OMG, I can not even imagine.  Has your stomach just been in knots all year?

[zibazinski]

Don't agree to arbitration. It's full of their buddies and they'll rule against you.

[ArchietheDragon]

If you do end up in court, it will all come down to 2 things:

1.  the contract. Who followed it, who didn't.  

2.  documentation.  - who was  communicating to the issues to the other party.  and was anything done about it.




You could file a police report about the theft now.  It may look a little like retaliation now, but it they charges are legit then that shouldn't stop you.  

[Wisconsin Beth]

And expect him to close the business and reopen under another name.  And sadly, as I understand it, you won't be able to touch the new company.

[ArchietheDragon]

start here


www.mass.gov/ocabr/consumer-rights-and-resources/home-improvement-contract/home-improvement-contractor-frequently-asked.html#A27

[CCL]

Oct 28, 2015 12:09:03 GMT -5 Wisconsin Beth said:

And expect him to close the business and reopen under another name.  And sadly, as I understand it, you won't be able to touch the new company.

 
Watch out for subcontractors who may put liens on your house, too.

[CCL]

Oct 28, 2015 12:04:36 GMT -5 GRG a/k/a goldenrulegirl said:

Oct 28, 2015 12:01:18 GMT -5 NastyWoman said:

and a good lawyer. Take pictures today before the storm hits, so you have proof of how his delinquency caused additional damage, should that happen

I do, and I will.

And, THEY have 250 pictures that they came out and took themselves in August.  

Again.  They do NOT dispute that there are issues.  They probably calculated how much it would cost them to do the remaining work and re-do the crappy work and figured it wasn't worth their trouble.

Or they are going to sue you for whatever you still owe and claim they did everything according to contract. You surely have all of this in writing. As others already said, better start making sure you have it all together. It likely won't bother them a bit to lie about everything.

[GRG a/k/a goldenrulegirl]

I have it all in writing.  I have a copy of the three-page, single-spaced, punch list signed by the Project Manager.  I have 20-30 emails back and forth about the punch list not being done.  I have emails from the contractor saying he will complete the punch list when he gets paid the rest of the money (LOL).  I have pictures.  They have pictures.  I have a written response to the Punch List where they actually say they will do most of the work (some of the work I want re-done they claim is not as crappy as I make it out to be -- mostly paint that is peeling and bubbling less than a year after it was applied--not a reason to refuse to fix the dangerous back porch or replace missing exterior light fixtures or downspouts or build the built-in cabinets and bookshelves they demolished or paint the exterior -- all called for in the contract).  

As for the contract, THEY didn't follow it to a "T".  THEY screwed up.  They did work that *may* call for a change order, but they NEVER presented us with a change order to sign.  As a result, their own accounting is off.  There was NEVER a trade-off negotiated and/or documented.  The Project Manager left (quit? fired? don't know, don't care) in the beginning of May.  When I called in June to find out when they were going to finish the job they were absolutely flabbergasted.  I think the owner and office folks thought the project was done. I shouldn't be held hostage to their poor management of the Project Manager and/or the project.  I'm not unreasonable, though.  I have always been willing to work with them, but clearly it was a total waste of my time.  Fortunately, we have made sure to note any release forms (for disbursements) as being "subject to the Punch List" which they then countersigned and used for disbursements.  We are NOT looking to screw them or to take advantage.  I just want this project done and done right.  Their own advertising (which I have absolutely saved both in screen shot and in hard copy) works against them.

I think I will reserve my police report until such time as they put a lien on my house, if ever.  The missing items are well-documented, however, and they even agreed to replace them as part of the Punch List (which doesn't seem fair that it should come out of the rebuilding money if they stole these items, kwim).

Oh, well, like I said, they might be doing us a huge favor.  I am certain local guys will do a much higher quality job without all of the drama and the trauma.  
 

[Wisconsin Beth]

I don't know that I'd wait to file the police report though. 

[chen35]

I would get it filed so it's on record, and doesn't look like it's in response to a lien.

[GRG a/k/a goldenrulegirl]

Oct 28, 2015 13:57:06 GMT -5 chen35 said:

I would get it filed so it's on record, and doesn't look like it's in response to a lien.

Well, I see your point, but I also don't want to necessarily provoke a lien, if that makes sense.

[Ombud]

If you haven't already, file a complaint with the State Contractors Licensing Board .... not sure, but I heard that'll follow him to his new business name

[CCL]

Damn contractors! FWIW, I don't think it's a "gift."

[ArchietheDragon]

I can't imagine they would go this far and not file a lien.  Although the contractor does have to file within a specific time frame.  When did the contractor last performed work on the house?

[NastyWoman]

Oct 28, 2015 12:04:36 GMT -5 GRG a/k/a goldenrulegirl said:

Oct 28, 2015 12:01:18 GMT -5 NastyWoman said:

and a good lawyer. Take pictures today before the storm hits, so you have proof of how his delinquency caused additional damage, should that happen

I do, and I will.

And, THEY have 250 pictures that they came out and took themselves in August.  

Again.  They do NOT dispute that there are issues.  They probably calculated how much it would cost them to do the remaining work and re-do the crappy work and figured it wasn't worth their trouble.

Then how can they claim that you owe them money for work that wasn't even done/completed?

ETA: and yes, file a police report asap (as in today)

[ArchietheDragon]

Oct 28, 2015 14:19:11 GMT -5 ArchietheDragon said:

I can't imagine they would go this far and not file a lien.  Although the contractor does have to file within a specific time frame.  When did the contractor last performed work on the house?

This lays out the time frame they have to file a lien.   To me it looks like they are trying to establish the notice of termination date so they have 90 days from that date to file a lien.    But the statute states "the earliest of"...  so if they have not performed work labor or provided material in the last 90 days they may have already missed their opportunity.    Make sure you document their last day of work.   This could be big for blocking their ability to file a lien. 

IV. Perfection of Mechanic’s Liens
A lien under M.G.L. c. 254 Sections 2 and 4 is dissolved unless the person claiming the lien shall record a statement signed under the penalties of perjury giving an account of the amounts due to them. The notice of contract must be recorded not later than the earliest of:
– 60 days after filing or recording a notice of completion;
– 90 days after filing or recording of a notice of termination;
– 90 days after the contractor, subcontractor, or supplier last performed labor or provided materials.

[chen35]

Oct 28, 2015 14:11:42 GMT -5 GRG a/k/a goldenrulegirl said:

Oct 28, 2015 13:57:06 GMT -5 chen35 said:

I would get it filed so it's on record, and doesn't look like it's in response to a lien.

Well, I see your point, but I also don't want to necessarily provoke a lien, if that makes sense.

It does. What a huge hassle! 

[GRG a/k/a goldenrulegirl]

Oct 28, 2015 14:19:11 GMT -5 ArchietheDragon said:

I can't imagine they would go this far and not file a lien.  Although the contractor does have to file within a specific time frame.  When did the contractor last performed work on the house?

At the beginning of May.  

archie, do you know if he has to give a pre-lien notice in Massachusetts?

[ArchietheDragon]

Oct 28, 2015 14:34:59 GMT -5 GRG a/k/a goldenrulegirl said:

Oct 28, 2015 14:19:11 GMT -5 ArchietheDragon said:

I can't imagine they would go this far and not file a lien.  Although the contractor does have to file within a specific time frame.  When did the contractor last performed work on the house?

At the beginning of May.  

archie, do you know if he has to give a pre-lien notice in Massachusetts?

I don't think there is a pre lien notice.    They just have to file the lien within the timeframe.    


Make sure you have strong documentation that the beginning of May was their last day worked.    Once you prove that, they can't file a lien, they have no further recourse against you and you can tell them to go take a flying F-.