I have a remodeling project that was just completed by a contractor. Unfortunately, in hindsight I realized we had a very poor written agreement and I \never forced him to provide me with a signed copy. I just have e-mail correspondence from him showing that he submitted it to me. The unsigned agreement that was e-mailed to me stated that the work was to be completed by or around January 31. However, it was just finished this last Friday. It also states that labor will not be paid until the job is completed and customer is satisfied with work. I have verbally mentioned different things that I wanted addressed, but was never allowed a formal walk-through. We only causally discussed things nearing completion, but I was never given some time to fully inspect the final work. The contractor is now demanding payment and is threatening to file a mechanics lien because i didn't pay him on the day he finished (last Friday). He is also demanding to be paid with a cashier's check or cash, even though I paid him two earlier draws with a personal check. The unsigned agreement made no mention of what was acceptable for payment. Do I have any rights to withhold final payment until i am fully satisfied? Or do I just pay him and move on?
Construction / Remodeling Contracts
- Thread starter jeff0514
- Start date
Hes wants a cashiers check so you don't stop payment on your check. I would pay 80-90% if there are just a few things you aren't happy with. Quite common to have a small hold until a final walk throw.
Let him file a mechanics lien if he wants to.
Don't make final payment until job is completed and you are fully satisfied and inspected the work.
Why is he threatening to file a lien and demanding payment after the final day of the work? That seems sounds odd. Why weren't you allowed to inspect the work prior to completion?
Do not pay him with a cashiers check or cash. Make sure you get a lien waiver from him and subcontractors and suppliers at final payment. If he doesn't pay them you will may have to.
Don't make final payment until job is completed and you are fully satisfied and inspected the work.
Why is he threatening to file a lien and demanding payment after the final day of the work? That seems sounds odd. Why weren't you allowed to inspect the work prior to completion?
Do not pay him with a cashiers check or cash. Make sure you get a lien waiver from him and subcontractors and suppliers at final payment. If he doesn't pay them you will may have to.
I was working from home the last day of his work. I casually mentioned a few things to him I noticed, but hadn't had a chance to do my own detailed look through everything. Maybe there are some things where I should have said something earlier on, but I wanted to stay out of the way and allow him to fix things first. He sent me a final bill a week before the work was finally complete. I decided not to contact him about the final bill until this weekend, as I wanted to wait for him to complete his final work before questioning anything. In his mind, I had a week to review the bill and should have said something earlier, so that I could pay him on the day he finished. There was no formal walk-through. Again, I just happened to be working from home that day. At this point, I am debating whether to just cave and move on, as I don't really want the guy back in my house again after his threats.
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One larger thing I am still uneasy with is the drywall job around the stairs. He left large gaps between where the drywall meets the stairs. After carpet went in, the gaps were still visible. His solution was to patch it up as best as he could and install vertical pieces of quarter round, painted to match the wall color. It looks OK, but its just the principal of it that he had to fix a sloppy drywall job. But now I assume someone would have to pay for the carpet installers to remove the carpet on the stairs and redo the drywall, before reinstalling the carpet?
Write down all the things that you want fixed or that you aren't happy with. Take pictures of those things as well for your record and just in case anything else happens after this. It's the contractors job to provide a job well done and in return he gets paid. Just because he thinks he is done, doesn't mean he is done. Do not pay him in full till those things are done. Tell him that you will pay him half of the labor costs but that he will not receive full payment till you are satisfied.
Pay 75% and give him your list of punch list items. Send payment via certified mail with a letter detailing what you want completed or fixed and keep a copy (in case it really does get drug out to small claims or a lein filing and everything). Either he fixes your issues, or you get 25% off. He sounds sketchy and definitely not professional, with asking for specific types of payment like cash/cashiers check and going straight to the "i'll file a lein" angle. I'm assuming he's a small time contractor and not a very established business. No reputable contractor does that or acts that way because they fear the recourse of BBB complaints and their reputation being damaged.
He's going to have to be in your house again if you want things right or the way you want them. Really no getting around that unless you are going to pay someone different to come in and fix stuff.
He's going to have to be in your house again if you want things right or the way you want them. Really no getting around that unless you are going to pay someone different to come in and fix stuff.
Yep, he does this part-time, so obviously not well established or knows how to run a business. I also believe that in Iowa general contractors have to file an initial notice within 10 days of commencement of work with the Secretary of State. I checked the database and see nothing out there. They are also have to include some verbiage out of the Iowa Code within a written agreement. I assume he's having some cash flow issues, so why he's demanding immediate payment. He says we had a walk through on Friday... I hardly call some casual conversation a walk through. There was no check list or signed acceptance by me. He's threatening to bill me by the hour for any additional items I ask him to do.
Another question... is a contractor legally obligated to get permission to use photos of a project for their own website, FB page, etc.?
This all depends on what type of work is being done and if construction documents/permits are required for said work. Most interior work doesn't require permits unless you're moving walls and potentially effecting structure.
Sounds like you've already tried the civil route of "Hey, there's some issues here that I'm not happy with and I'd like them fixed". What you do next all depends on how far you're willing to take things.
This is a basement remodel. A permit was filed. Final permit inspection was on Friday, so he believes that gives him the right to demand payment.
He can demand it all he wants, but I believe there is a length of time necessary before you can even try to file a lein. I'd send partial payment and a list of completion items and see where it gets you. You're at least making a good faith payment because he has done work and is pretty much done and you're offering a resolution that's in the best interest of you and him.
