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#28972 --- 09/16/04 07:41 AM Contractor problems
orion Offline
Member

Registered: 10/10/03
Posts: 53
Does a homeowner have any recourse if a contractor draws up a quote, both parties (the homeowners and the contractor) signs up the contract for work to be done, and then the contractor will not return calls for two months as to the status of the job? Dozens of messages were left and not one phone call returned. Thanks.

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#28973 --- 09/16/04 07:44 AM Re: Contractor problems
dottiehuckle Offline
Senior Member

Registered: 01/23/04
Posts: 3697
Loc: P-CS, NY
Hope you haven't paid anything yet.
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#28974 --- 09/16/04 07:48 AM Re: Contractor problems
orion Offline
Member

Registered: 10/10/03
Posts: 53
No, I haven't paid anything, but I'm very angry because I've been sitting around, waiting for him to call me, and I could have gotten the job done by someone else. I just can't believe he won't give me the courtesy of a call back. He's done work for us before, so it's not like we don't have some sort of a relationship.

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#28975 --- 09/16/04 07:57 AM Re: Contractor problems
pepper Offline
Senior Member

Registered: 01/16/04
Posts: 5509
Loc: Desperately Seeking Salt
you don't know the status of the job? so he HAS done some of the work?
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#28976 --- 09/16/04 07:58 AM Re: Contractor problems
Ditchwitch Offline
Senior Member

Registered: 07/21/03
Posts: 3100
Loc: Muddy,Swampy Places in the Fin...
hope it's not my hubby!!! We had answering machine problems recently,plus he doesn't get back from the current job site til almost 9 pm.
you can pm me,we'll see if it's us!!!

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#28977 --- 09/16/04 07:58 AM Re: Contractor problems
orion Offline
Member

Registered: 10/10/03
Posts: 53
No, I guess I don't know when or if he even plans on starting it. He was supposed to be at our house in mid-August (he told me an exact date he would start). He never showed and has never called. Isn't a signed quote considered a contract? I guess I'm wondering how far to push it.

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#28978 --- 09/16/04 08:00 AM Re: Contractor problems
Ditchwitch Offline
Senior Member

Registered: 07/21/03
Posts: 3100
Loc: Muddy,Swampy Places in the Fin...
doesn't sound like us,then....what do you need done??

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#28979 --- 09/16/04 08:11 AM Re: Contractor problems
pepper Offline
Senior Member

Registered: 01/16/04
Posts: 5509
Loc: Desperately Seeking Salt
well I would think that since he hasn't held up his end of the contract..you can void it. Maybe SJ knows...
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Tigers love pepper... they hate cinnamon
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#28980 --- 09/16/04 08:13 AM Re: Contractor problems
Ditchwitch Offline
Senior Member

Registered: 07/21/03
Posts: 3100
Loc: Muddy,Swampy Places in the Fin...
We never draw up contracts like that.He gives his estimate;when it's accepted,homeowner & him get together on colors,time to start,etc.Unless it's a huge job,we don't even require down payment on materials.
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#28981 --- 09/16/04 08:27 AM Re: Contractor problems
orion Offline
Member

Registered: 10/10/03
Posts: 53
I just want him to do the freaking job! I guess the question is, does that signed quote hold him legally responsible to finish the job?

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#28982 --- 09/16/04 08:29 AM Re: Contractor problems
Strawberry Jam Offline
Diamond Member

Registered: 07/11/04
Posts: 34421
Loc: Herkimer County NY
I am not a professional, but I would think that just holds him to the quote he quoted you, not a contract to do the job. I would call the BBB and find out if he has had other complaints and may be they could answer your question more thoroughly.

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#28983 --- 09/16/04 12:04 PM Re: Contractor problems
orion Offline
Member

Registered: 10/10/03
Posts: 53
I called the BBB but it's pretty useless. You can't get a live person on the phone and you have to punch in a credit card number to file a complaint, and I don't know if I have enough info for a complaint. If anyone else has any advice, I'd appreciate it!

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#28984 --- 09/16/04 12:09 PM Re: Contractor problems
Jelloshot Offline
Silver Member

Registered: 11/22/02
Posts: 11043
Loc: Right behind you.
Find a new contractor. Dont tell em about the other guy though cause sometimes they dont want to "step on each others toes" I had huge issues of lateness and false completion dates with our recent move, we had no bathroom for a week because they were late starting and I had to move in when we did. Very annoying, and he was someone we had done business with before. pm me and I'll tell you who not to get...

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#28985 --- 09/16/04 12:21 PM Re: Contractor problems
EXIT Offline
Senior Member

Registered: 03/19/04
Posts: 2453
Loc: on the way out.
We hired someone too recently to do work on our property and new house. I hope it's not the people we hired.
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#28986 --- 09/16/04 12:45 PM Re: Contractor problems
Josephus Offline
Silver Member

Registered: 08/25/00
Posts: 11561
Loc: NYS
If you've got a contract with the contractor, I would think you could take him to small claims court, especially if you've paid him for any of his work. Does the contract indicate when the job is to be finished by? You need to make sure you keep accurate records of when you were trying to get in touch with him.
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#28987 --- 09/16/04 01:11 PM Re: Contractor problems
Cynical Offline
Senior Member

Registered: 01/10/01
Posts: 1352
Loc: here and there
a quote is just that, a quote. the same for an estimate. by signing the quote, you agreed to the price but that doesnt bind you to stay with this contractor. if you havent paid him anything down, then there is no reason to take him to court. just hire someone else then if the original contractor comes back around, you can listen to his excuses then just tell him you got tired of waiting.
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#28988 --- 09/16/04 01:19 PM Re: Contractor problems
Strawberry Jam Offline
Diamond Member

Registered: 07/11/04
Posts: 34421
Loc: Herkimer County NY
I went to the BB website and filed a complaint..i do not remember having to enter a credit card. They responded quickly, as did the company..with an apology!

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#28989 --- 09/16/04 02:09 PM Re: Contractor problems
orion Offline
Member

Registered: 10/10/03
Posts: 53
If you do go to the website, you can file a complaint for free. But I didn't want to do that if he didn't do anything "illegal." I mean, I guess being a jerk about the whole thing isn't illegal. But if abandoning the job is, I would file a complaint. I don't want to jump the gun and give this guy a negative mark if what he's doing isn't illegal. But he's still a jerk.

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#28990 --- 09/16/04 07:29 PM Re: Contractor problems
Ditchwitch Offline
Senior Member

Registered: 07/21/03
Posts: 3100
Loc: Muddy,Swampy Places in the Fin...
Orion, I hope this works out for you! Does he have a crew? If you could contact one of them, you may be able to get info on why he's doing this.
Does he have insurance? It's easy to find someone when they do carry it.(track them down)
We carry it;most homeowners ask to see the proof at least for the first job: after that, when we go back, they're satisfied with who is doing the work.Like I said privately,we haven't advertised in over a decade;word of mouth has people willing to wait half a year for us to pull in if they have to.
One thing my hub does not like, is having to "go over" what another contractor started...nothing to do with "stepping on toes", but rather having to fix shoddy work in order to get down to the rest of the job.
Good luck!!
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*Earth,my body;Water,my blood;the Winds are my breath; Fire is my Spirit*

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#28991 --- 09/16/04 09:23 PM Re: Contractor problems
Oompa Offline
Senior Member

Registered: 01/17/04
Posts: 6836
Loc: Finger Lakes, NY
If he is not a member of the BBB, there is nothing they can do.

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#28992 --- 09/16/04 09:34 PM Re: Contractor problems
sweettart Offline
Senior Member

Registered: 02/03/04
Posts: 5630
Q. Doesn't the BBB report only on its members?

No. BBBs issue reports on members and non-members alike.
BBBs, which as a matter of policy do not endorse or recommend any company, product or service, apply the same standards to reporting on companies, regardless of their BBB membership.

http://www.bbbvan.org/aboutbbb/faq.html
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#28993 --- 09/16/04 09:34 PM Re: Contractor problems
caligirl Offline
Member

Registered: 04/04/04
Posts: 206
Loc: Seneca County
Hey Ditchwitch - will you pm me and let me know who your husband is and a contact #?

I'll need some work done on my house and don't know who to get.

The last person we hired was horrible, did not do things as expected (he did the work, but it's crappy quality). He won't return calls, either. I'm not looking to fix what he did, I need other stuff done?

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#28994 --- 09/17/04 09:41 AM Re: Contractor problems
Oompa Offline
Senior Member

Registered: 01/17/04
Posts: 6836
Loc: Finger Lakes, NY
Thank you ST, for proving me wrong. Sorry Orion for giving incorrect info that I thought was truth. I was mistaken...

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#28995 --- 09/17/04 02:59 PM Re: Contractor problems
Ditchwitch Offline
Senior Member

Registered: 07/21/03
Posts: 3100
Loc: Muddy,Swampy Places in the Fin...
will do, Caligirl....booked through the winter, but he can at least give you an honest quote to work with.
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*Earth,my body;Water,my blood;the Winds are my breath; Fire is my Spirit*

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#28996 --- 09/18/04 07:05 AM Re: Contractor problems
~Ellie~ Offline
Senior Member

Registered: 05/28/00
Posts: 8233
Loc: FL1 Auxiliary Member 506
If a contractor does good work, word of mouth is great so it only goes to reason that the word get out on not so good contractors right? I'm looking to have some work done and would hate to get mixed up with some of the ones mentioned here. It's not unusual to hear contractor horror stories, maybe it's time we not be so shy, and hold them accountable for their poor services? jmo
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#886986 --- 09/22/08 07:29 PM Re: Contractor problems [Re: orion]
Moo Cow Offline
Junior Member

Registered: 09/18/08
Posts: 18
Loc: Interstellar space portal
Saw a piece on the news this morning which might help future people looking to have work done. http://WWW.NYKNOWYOURCONTRACTOR.COM supposedly lists contractors who have had complaints/judgements against them. I took a quick look at it tonite and it appears that almost all of those listed are from Monroe County but it might be worth taking a look before you "seal the deal."

Contractor supplied "references" are, in my sight, a waste because it would take a total idiot to provide only positive references. My rule of thumb is to hire only local contractors who have been recommended by friends or neighbors. Even if it is a "small" project, I suggest getting a signed contract indicating the specific work contracted for as well as a completion date. Take into consideration factors such as weather conditions, etc. if it is an outdoor project. Just make sure that you cover all the bases in your signed agreement before you put forth a penny. A reputable contractor will not be offended by your detailed agreement.

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#887000 --- 09/22/08 07:43 PM Re: Contractor problems [Re: orion]
Moo Cow Offline
Junior Member

Registered: 09/18/08
Posts: 18
Loc: Interstellar space portal
A quote is not a legally binding agreement for either the contractor or yourself. Given the details you've provided, I'd lose the contractors phone number in a hurry. If you provided any "up-front" money without a signed contract, I suspect you could file a claim in civil court but have doubts as to your success.

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#887042 --- 09/22/08 08:52 PM Re: Contractor problems [Re: orion]
Bing Bong Offline
Senior Member

Registered: 05/12/08
Posts: 2482
Loc: the road to hell
Originally Posted By: orion
Does a homeowner have any recourse if a contractor draws up a quote, both parties (the homeowners and the contractor) signs up the contract for work to be done, and then the contractor will not return calls for two months as to the status of the job?


Yes. You can go on the internet and make a big deal out of nothing. Or you can try to sue and get your butt thrown out of court. Either way, you lose. The contractor wins because he doesn't have to deal with you.
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#887064 --- 09/22/08 09:25 PM Re: Contractor problems [Re: Bing Bong]
jayray Offline
Member

Registered: 04/01/07
Posts: 493
Loc: in the woods
Put a start and completion date on the bottom of the contract. The contractor has none of your money, right? Get another contractor who will guarentee when he is starting. What is the scope of work?

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#887179 --- 09/23/08 06:22 AM Re: Contractor problems [Re: jayray]
jojotaxpayer Offline
Senior Member

Registered: 04/04/08
Posts: 2500
Loc: Ontario County
If there is no deposit (upfront money) I would start getting other contractors to look at it and get it done. Binding contracts are only normally used in commercial work where a lot of money and other contractors are involved. If I don't know someone I try to get a signiture on something (price and scope of the work) but I'm not sure how binding in would actually be.

Just find someone else.

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#887518 --- 09/23/08 04:47 PM Re: Contractor problems [Re: jojotaxpayer]
reilley Offline
Silver Member

Registered: 01/17/05
Posts: 11744
Loc: between here and there
first of all, to make things clear with this deadbeat contractor, call him and then mail a letter,keep a copy of it and tell him that since he has not lived up to his end, contract has ended. that way no questions on who and why incase he tries to come back on you. maybe poo poo but people are stupidly sue happy.cover your butt.
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#887591 --- 09/23/08 06:56 PM Re: Contractor problems [Re: orion]
tomboy Offline
Junior Member

Registered: 07/19/08
Posts: 16
Loc: NY
I have had the same problem. I just got a different contractor to do the work. The one that I was waiting for had done a lot of work for me in the past and he was paid in cash and was local. I have no idea what his problem was. I agree with the others a quote is not a binding contract. Just take a deep breath and move on.

Good Luck!!

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#889115 --- 09/26/08 07:57 AM Re: Contractor problems [Re: tomboy]
Bam Offline
Senior Member

Registered: 12/17/03
Posts: 9896
Loc: somewhere
most contractors are finishing the outside work, most contractors took on more than they can handle due to weather. and now some are making up for what other's couldnt do. I hope you get it done .

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