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THE WIDGE
05-30-2007, 02:29 PM
Hopefully someone can help me out and clarify a few questions.
Long story short i hired an Arizona Contractor to build a detached garage at my vacation home in LHC. Signed papers in late 03/06 and he said it should take no more than 2 months once he has permits which he got in early 05/06.
Fast foward to 07/06 called to get progress, only cement and framing done. Recieved a call back two weeks later after several calls made, "stucco and drywall this week." Ok i said.
This was the last time a heard from my contractor, I made dozens of calls, sent emails, and no response to get progress. Oh and yes nothing was getting done.
Finally in 09/06 drywall in, but still no call. I continued to send $ upon completion of each step. Stupid me!
Finally got email in late 11/06 that the garage is done. Drove up their to put boats in the garage. Not even close to being done.
1. Swamp coller not working
2.lights not working
3.A 3-4 inch gap accross the bottom of side door all the way accross door seal. He made door toward the rear of garage rather than front like plans indicated during cement. I could literally see out of my garage out this gap.
4. He had to cut a new doorway for the side door toward front. Ok he chiseled the sh@t out of it, leaving cracks and gaps under seal. It looked like hell.
5. he had to cut into main panel which is attached to my house to conect wiring for sub panel. He left it a mess and didn't flow the stucco leaving the pipe half showing.
6. Cut phone line and left it hang from the house.
7. Filled and covered RV septic tank near RV parking side.
8.Oh, the color to the garage is not even close to my house!
So long story short I was planning on renting to snowbirds, but could not due to delayed construction, and no comunication with contractor. I called and sent more emails with problems, still no response.
So, in late 02/07 or early 03/07 I fould the contractor while driving. He told me he was avoiding me because he was embarrased of his work and had every excuse in the book other than the truth. He was probably using my $ for someone elses job, and got to me when he could. I told him, fix problems ASAP and give me a call in a week.
No call!!however fixed most issues by 04/07. Still garage color doesn't match.
So I finally get a call in late 04/07 by his wife asking for final payment. i told her the garage is still not complete and I will not pay until it is finished. In fact I said I will not pay full amount considering the circs.
So now I'm getting emails about breach of contract and interest above the amount owed. I was ignored for six months, it took a year to build a garage, which still isn't done (color).
In all honesty I don't believe i should pay a thing considering the cirs, but I have agreed to pay $4k of the $6500 left, and they will not budge, telling me, "This is the fun part of my job" reffering to taking one to court. Wow, great costomer service.
Anyways, what recorse do I have, are they owed the full amount, interest, and what about my lossess going up every few weeks in the winter monitering project, loss of income on snowbird rental.
I've never had a problem like this and I'm not stiffing the guy.
Any advise would help!
Thanks

Big Warlock
05-30-2007, 02:38 PM
Seems simple enough. You have one issue left. Color. What does your contract say? If it is supposed to match and it doesn't, let them take you to court. A simple letter, copy of the contract and photos will shut them up. However, if not specified, you will most likely be out of luck. If you are right and they take you to court, contact me and I can lead you down the road of shutting the guy up for good. Sadly, there is always two sides of the story. Good luck!!
Time delays won't hold water unless you have it stipulated in the contract. With municipal contracts, they often have daily penalties for delays within cetain parameters.

Xlration Marine
05-30-2007, 02:40 PM
Did you save all the emails that you sent him, and records of fone calls. Also did you get any thing on paper giving time lines as far as the job to be done. If so they are the ones in breach of the contract. And a verbal agreement should be just as good, but these days who knows. Not to many "MEN" walking the face of the earth. It sounds like you will see them in court, with a counter suite. I wouldn't pay any more. Take them to court before they talke you.

Xlration Marine
05-30-2007, 02:41 PM
Did you save all the emails that you sent him, and records of fone calls. Also did you get any thing on paper giving time lines as far as the job to be done. If so they are the ones in breach of the contract. And a verbal agreement should be just as good, but these days who knows. Not to many "MEN" walking the face of the earth. It sounds like you will see them in court, with a counter suite. I wouldn't pay any more. Take them to court before they talke you. Oh and get some estimates to see what it will cost to finish the job and fix his screw ups.

Xlration Marine
05-30-2007, 02:41 PM
Did you save all the emails that you sent him, and records of fone calls. Also did you get any thing on paper giving time lines as far as the job to be done. If so they are the ones in breach of the contract. And a verbal agreement should be just as good, but these days who knows. Not to many "MEN" walking the face of the earth. It sounds like you will see them in court, with a counter suite. I wouldn't pay any more. Take them to court before they talke you. Oh and get some estimates to see what it will cost to finish the job and fix his screw ups.