[rubyruby27]

I hired someone to do some work on my home. I had him put in crown moulding. It was the worst job. He left in some places 1 1/2 in gaps and filled it with wood putty, he didn't sand any joints 90% of the cuts were wrong.

I didn't pay him and I had others review the work and they all stated it was the worst job they ever saw.

I gave him the right to reinspect his work today he again said it was a good job but some of the areas were bad, just a few and we argued on this point. He then said he had a crown molding specialist coming to inspect the work and he was going to hire him to fix the job. At first said no, it would be someone I had references on but then changed my mind and said it could inspect the job and if he was a specialist he could do the work.

The specialist came and he looked at it and they started to go outside and talk I went with them when the person that did the job said this is between us, I am hiring him not you. I objected and the specalist said in front of my witness and the contractor that did the job it was a bad job and he wasn't going to say anything different to the contractor.

They went out and talked and then the contractor came back and said I will replace, this board that board etc. Which was every board in one room and say 9/10 bars in another room. Then he said he was going to do it and not the person he said he was hiring to do the work.

I said no, he wasn't doing the work if he didn't know how to do the work the first time (2 days ago) he didn't know how to do it now.

He immediately said you are refusing to let me correct my errors. I again stated if you didn't know how to do it right 2 days ago, then you don't know how to do it now, you stated, your refusing to let me fix my errors.

I told him to have his attorney call me and for everyday this house is off the market it is costing me a minimum of a 100 a day and I will sue you for actually damages.

So, in contract law can I recoup actually damages until this is repaired. I have been told it will take 14 days for anyone to be able to fix this .

What do I write in a letter saying while I can't let you personally fix this I am willing to let you hire an expert that has creditdentially to repair, other wise I want the money I paid you upfront for materials etc refunded.

I suuspect he will put a construction lien on my house for the remainder of what I owe him since I refused to let him do the work.

Any advice is appreciated.

Thanks

[Enigma]

Do you have a written contract?

Is he a licensed contractor?

[rubyruby27]

Yes I have a contract.

It has the total amount, when its due.

All material is guaranteed to be as specified and the work will be completed in a workmanlike manner in accordance to specifications. Any and all alterations or deviations from the stated specifications involving extra costs and materials wlll be executed only upon written orders. These changes turn into an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond contractor's control. Owner of property to carry fire, tornado and other necessary insurance. Our workers are fully covered by workmen's compensation insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorneys fees and costs of litigation relating to said legal action, as determine by a court of competent jurisdiction.

This proposal may be withdrawn if not accepted within 60 days.

Acceptance of Proposal
As stated in the above specifications, the costs materials and specifications are satisfactory and are hereby accepted. I authorized the contractor to perform the work as specified and payments will be made as summarize above.

1. Furnish paint and install approx 237 feet of 3 1/2 inch crown molding, included are kitchen, family room and 2 bedrooms. Paint to be used is Baer ultra pure whit semi gloss interior as specified by customer.

2. Fill and seal cracks in lanai, ceiling then paint retexture ceiling where is needed and paint to match existing.

3. Clean all areas affected by work specified above.

all materials to be furnished by contractor.

[drivel]

you're reaching on that actual damages claim.


What's the harm in letting the guy fix his mistakes?

[jlynn]

What are your state's laws in regards to licensing? Do they have any right of fixing their errors before you may proceed?

IMHO, if his good faith attempts are met with you refusing to allow those repairs, you may come off as someone that wants something for nothing.

FWIW - I know that isn't your intent...

Edited - I see you had several different things done. Was that work completed? Was the other work up to standards? If so, have you paid that part of the contract?

[rubyruby27]

Is he licensed- He has an occupational license for
1. performs services for construction contractors
2. nonstructural work limited to under 1,000. No electrical

I didn't know the difference, but he is not a licensed carpenter and the work was over 1,000 it was 1,900.

The second license that says nonstructural work limited to under 1,000. No electrical. What does that mean? I tried to look it up but didn't find anything the occupational code is 280.062

The reason we hired him is he stated to us and others that he has done over 100 homes with crown moulding.

I had to get a neighbor when he said he was finished to confront him with the poor work and he insisted it was "a fantastic job, the best crown moulding he has ever done" He kept saying this over and over and the problem with the moulding was my walls not that he didn't know how to do it.

The paint job on the moulding is horrible, you can see the nail holes and he got caulking on my ceilings and now I will have to hire someone to repaint the ceilings.

He lied continously about the work he did, he said that if he knew I ws going to be "picky" he would have sanded the edeges and caulked the bottom of the moulding. He insisted prior to that, you didn't caulk the bottom edge the gaps between the walls and the moulding are unbeleivable.

He literally let 1 1/2 in gaps at the corners and the moulding edges don't match, one board is too high and the other is too low.

I have 6 witnesses including his expert that it was a bad job and I have pictures.


My house is on the market and now I can't show the house until this is fixed.

He knew I wouldn't let him fix it, since he lied to me about his knowledge and experience, he was setting me up to get me to refuse to let him do the work.

I think I can use Fraud- fraudulent inducement, fraudulent misrepresentation and fraud in preformance.

I want my down payment back and to keep him from causing me anymore problems with filing a construction lien.

Any guidance is appreciated.

[rubyruby27]

You haven't seen what he did, if you did you wouldn't ask me why I won't let him fix his errors.

Out of 30 cuts only 4 are acceptable not good but acceptable. He said he was going to piece mill the boards as the contracts doesn't say how many cuts there are to be made. The standard in the business according to his expert is if the wall is less than 16 ft you use a new board.

If he couldn't do it right 2 dqys ago, how is he going to do it right this time.

According to what I was told by a expert in this field you put one nail top and botton ever 16-24 ins he put at least 30 nails in a 20 ft. board.

He lied constantly about how moulding is put up.

[rubyruby27]

no the other work is bad and I will have to have someone fix that also. I have had the reviewed also.

Where do I look for if they have a right to fix before proceeding.

Up until his expert showed up he still said it was a good job, but he would fix the 3 joints he thought was bad.

[centex]

Unlike some other websites that recommend filing suit at the drop of a hat (and in some cases before the hat has even hit the ground), most here are going to advocate ensuring that your position is as strong as possible. Your claim for damages will be strengthened by permitting the contractor to make an effort to remedy the issues.

By giving that opportunity, one of two things will have occurred- your job will be done correctly or you will have a greater abundance of a showing of gross negligence.

Oh, and your state may require that they be permitted to cure the error, not unlike the language that appears in DTPA statutes.

Lastly...if you don't know what the license means, then you need to call the relevant agency before even contemplating action based upon something on the website.

[rubyruby27]

Originally Posted by centex

Unlike some other websites that recommend filing suit at the drop of a hat (and in some cases before the hat has even hit the ground), most here are going to advocate ensuring that your position is as strong as possible. Your claim for damages will be strengthened by permitting the contractor to make an effort to remedy the issues.

By giving that opportunity, one of two things will have occurred- your job will be done correctly or you will have a greater abundance of a showing of gross negligence.

Oh, and your state may require that they be permitted to cure the error, not unlike the language that appears in DTPA statutes.

Lastly...if you don't know what the license means, then you need to call the relevant agency before even contemplating action based upon something on the website.

[COLOR="Blue"]I don't want to sue him now or in the future, I want to make sure he can't put a lien on the house and if he did, that I am able to defend and win then go for damages.

I would love to get my money back that I paid for the wood as it is not usable according to the experts.

I am afraid to let him try to fix it, if he pulls down the boards and rips the walls down or tears them and they have to be repaired he isn't going to do it. He doesn't have the money or the experience to do that.

In the end I will be out more money. He inc himself and I can't get it from him personally, as he is protect by the inc.

I am not complaining about just one board I am talking the whole job is bad, even his own expert that he brought in said it was a BAD job. His expert told him he had to use new board for anything less than 16 ft. He told me was going to piece mill it as he couldn't afford to buy all new boards.

I am trying to protect myself from any recourse he may try to get his 1,000.

Can you give me a clue as to what laws I look up to find out if I have to give him a right to cure. I have looked but I haven't found anything yet.

I just want to get someone else in and fix this so I can show my house. I really need to sell my house.

Yes, we screwed up not checking his license out, but I am not sure that would have stop us, since he stated he had installed crown molding in over 100 homes.

[/color]

[Hedwig]

Hindsight is 20/20, but next time check for complaints against him AND ask him for half a dozen references. Then call them.

There is a fallacy about incorporating that people on both sides overlook. Is he the only employee of his business? If so, it's possible to pierce the corporate veil in many cases and go after him personally for negligent work. The corporation protects from some things, but not all. If he has more employees it's harder to do, but if he's the only employee it might be possible.

His corporation should also have some sort of bond or insurance, and if you sue the company the insurance company may pay.

[rubyruby27]

I will check out his INC papers and see. I just read something that said you can sue them personally.

I contacted his insurance company and he has insurance for personal damage to a 3rd party and property damage, it doesn't cover poor workmanship.

Thanks for letting me know this I will look up this case law Murthy v Sinha that I found on another site referring to piercing the corp veil.

[Hedwig]

I know that a lot of people incorporate so that they "protect their assets."

But because of the number of people doing it to avoid liability, the corporate veil has been pierced on many occasions.

As I said, people on both sides (those who incorporate and those who are customers) need to do a little reading on the issue.

[Pale Rider]

Does your city require permits before work was done?

Did he pull the necessary permits?

Has the inspector for city checked the work if yes to above questions?

[rubyruby27]

I am also sure, not positive no permits are required for installing crown molding.

Then again I do remember something about if its over 500 you need a permit. Will look for that info tomorrow.

[rubyruby27]

Would anyone look at FS 558-right to cure and see if I understand it correctly.

I have to send a letter in writing to him and be specific about the defective workmanship along with citing this statute.

If he responds in the timeframe and offers to cure the defect I can refuse and I do not lose any rights. I do not want him in my house again nor for him to do the work.

Again, I don't want to file suit, I just want to protect myself if he files a lien on my house.

[Lucy]

I hope you took pictures of the work he has done...just in case you need them later. I know this might seem picky but I would have put in the contract each and every single little thing you wanted done, that way there are no misunderstandings and no one can go back and say..well I didn't know you wanted me to do that or done that way. I'm wary of people that want upfront money, to me a licensed contractor ought to have an account with a hardware or home store and wouldn't need upfront money to buy supplies. I don't give people any money until all work is done and done my way.

[rubyruby27]

yes, I have plenty of pictures of the work.

I guess I didn't know that I had to put in a contract how to nail the wood, sand the joints, how to pain, caulk the trim etc.

I thought that was part of community standards on how to install crown molding.

[Hedwig]

If you know another contractor, see if there are industry standards. That's what I'd compare against, and the next time I'd write in the contract that the work has to adhere to industry standard such-and-such.