what lawyer can i talk to about contractor messed my bath room up and will not come back

by Dr. Brown Walsh DDS 8 min read

How do you deal with a contractor who is always late?

Be sure to set dates and deadlines, and let the contractor know that they will lose money if the job is not completed within a reasonable amount of time. Never tell a contractor that you're not in a hurry, or else your project can end up delayed more and more, until you are pissed off and losing money.

What to do if you have a deteriorating relationship with contractors?

While it’s best to establish communication from the get-go, if you are in a deteriorating relationship with your contractor, get the communication going again, and be sure to get everything in writing.

What to do if a contractor leaves your home renovation project unfinished?

If a contractor left your home renovation project unfinished or did a poor job, here are your options. Hired the wrong contractor? These tips will help to minimize the damage and prevent it from happening again. (iStockPhoto) You want to fix up your home – not find yourself in a fix.

Do you need an attorney to get money back from a contractor?

Using one or more will help, but getting your money back is often a long, painful, and expensive process. It’s better, Costello said, to do your due diligence beforehand to ensure you’re hiring a competent, legal contractor: Hire an attorney.

What do you do when a contractor doesn't come and finish the job?

You can file complaints with the Better Business Bureau, Angie's List, online review sites, and most important, your state's contractor's licensing board or commission. Typically, these boards or commissions have simple, online filing procedures that make it easy to make a complaint against a negligent contractor.

What to do when you're unhappy with a contractors work?

How to Convey Your Dissatisfaction to Your ContractorSpeak up right away. You must tell your contractor early on that you don't like something. ... Maintain an understanding demeanor. You don't like the work and you're worried you'll offend your contractor. ... Get changes to the project in writing (even if only by email).

How do contractors deal with mistakes?

When you confront your contractor with the mistake, let them tell their side of the story. It would be best if you didn't start blaming people around the construction site, because they will feel hurt, and your project's workflow will change.

Why do contractors not call back?

Reason #1: They're busy. “I would say that half of the time, it is not that contractors are ignoring your calls, it is simply that they are busy and they forget," says Teris Pantazes, founder of Settle Rite, a Baltimore, MD home improvement contractor focused on inspection repairs for homeowners.

What should you not say to a contractor?

Seven Things to Never Say to a ContractorNever Tell a Contractor They are the Only One Bidding on the Job. ... Don't Tell a Contractor Your Budget. ... Never Ask a Contractor for a Discount if You Pay Upfront. ... Don't Tell a Contractor That You Aren't in A Hurry. ... Do Not Let a Contractor Choose the Materials.More items...•

How do I make a claim for poor workmanship?

How to deal with poor workmanshipGather evidence. Take photos of the problems. ... Speak to your trader. Call the builder to let them know you're unhappy with the work and how you want them to put it right. ... Start a formal complaint. ... Use an Alternative Dispute Resolution (ADR) scheme. ... Contact trading standards. ... By builders. ... DIY.

Who pays construction mistakes?

Since mistakes are part of the process, the customer pays for the mistake (assuming the cause isn't blatant negligence by the contractor or builder).

What happens when a builder makes a mistake?

If you're out on the site and see something wrong or different than you expected, bring the issue to your general contractor's attention, or your architect. Those are your two primary contacts. If you talk to the sub contractor building the structure, you'll get nowhere—in fact, it might backfire.

Can I sue my contractor for delays?

Absolutely. Homeowners want to sue for unreasonable delays all the time.

How do I write a complaint letter to a contractor?

When writing a complaint letter to a bad contractor, use standard business format. Keep your letter succinct and to the point. Include applicable dates, the situation as you see it, order numbers, photos or copies of other documentation.

How long should you wait for someone to return your call?

The general rule is within 24 hours of the call coming in or going out, but my boss thinks if I place a call to someone and they don't answer, I should immediately call his/her cell phone and follow up with an email and instant message. Needless to say, my boss has pretty high turnover in his group.

How do you know if your contractor is ripping you off?

Top 20 Signs You Hired a Bad ContractorThey Don't Have Good Reviews. ... They Overcommit to Work. ... They Lack the Necessary Experience. ... They Start Work, Disappear, Then Start Again. ... Their Rates Are Significantly Lower Than Others. ... They Don't Get the Right Permits. ... They Don't Like Written Agreements.More items...•

Gary Lewis Butler

I know people do not like hearing this, but the answer to your question really does depend on all of the details of your case. Thus, I agree with the other attorneys that you should contact a lawyer and have a detailed discussion.

Todd M. Davis

Definitely get a construction lawyer involved. You may even find one that is willing to take the case on a contingent fee basis.

Clifford M. Miller

This type of situation is so dependent on the documents involved and the timing involved that no one can properly answer the question without a complete review. Make a mistake, and you might face a construction lien and end up having to pay for the work twice as well as the contractor's attorney's fees.

Mark Steven Paullin

Dear Clearwater - I agree with my cohorts, that due to the two-wrongs and your out of tile situation, you should get a construction lawyer to assist you. Things will get uglier before they get resolved! Good luck!

Russell O'Rourke

I agree with my colleague, you will do better to speak with a local attorney to write a letter for you; often a letter from an attorney gets the matter resolved faster than a letter from you. A simple letter really shouldn’t cost very much and may open the door to the contractor calling you to resolve the matter.

Michael H Fayard II

I would recommend that you contact a lawyer regarding this matter. You are faced with a situation where a general response would not be adequate.

What happens if you don't show up for a contractor's court hearing?

The contractor will receive a summons to appear in court along with a copy of your claim, and you will be notified as to when this happens. On the date of your hearing, appear in court and bring all documents and photos. If you fail to show up, your claim will be dismissed.

What happens if a contractor misrepresents information regarding a project?

If the contractor intentionally misrepresents information regarding a project including the quality of materials used or property information, he can be found guilty of fraud. If you decide to sue, you can do so in small claims court or in civil court, or you can go to alternative dispute resolution.

What happens if you don't show up for a small claims court?

If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.

What happens if you sign a contract?

If you signed a contract, he can be in breach of that contract. If the construction work is defective or if he was fraudulent in some way, there can be a case for suing. If he just stopped working and disappeared, you would probably have a good case. In situations where there are construction defects, most states require a homeowner to give his ...

Where to find contractor's legal name?

The contractor should have an official business name registered with the state. You can find it in the business name directory on your state’s Secretary of State website.

Can a homeowner sue a contractor for construction defects?

In situations where there are construction defects, most states require a homeowner to give his or her contractor the opportunity to remedy the situation or fix the defects before filing a lawsuit. The homeowner can expect a reasonable level of workmanship quality from the contractor.

How much did Dave Binkowski remodel his bathroom?

Dave Binkowski recently discovered that. He had two of his bathrooms remodeled to the tune of $25,000, and while he was pleased with the result, he wasn't happy with the contractors he hired. "They ran off to the next job, leaving messes behind, dumping materials on our property," Binkowski says, referring to concrete and grout left in his yard ...

Who gave the contractor $20,000 upfront?

Indeed, Joyce Scardina Becker, a special events planner in San Francisco, gave a contractor $20,000 upfront, and while he did return with supplies, he left the job long before it was finished. "We never saw our money," she says.

When did Piper decide to remodel her kitchen?

In January 2011, when Piper decided to remodel her kitchen with a different contractor, she learned that the former contractor made adjustments when building a screened-in porch that caused the kitchen ceiling to slip more than an inch.

What are the issues between contractors and homeowners?

The majority of issues between contractors and homeowners boil down to miscommunication and a lack of updates. All too often contractors get wrapped up in the project details and fail to give proper notification of daily progress and setbacks to the homeowners. While it’s best to establish communication from the get-go, ...

What to do if you don't have the training to do that yourself?

If you don’t have the training to do that yourself, ask around and see if you have a friend who can help out. Check out the 10 home improvement projects for which you should always hire a pro. Originally Published: March 21, 2021.

Why do homeowners use holdbacks?

It’s amazing how fast things can get done when there’s money on the line! And, while holdbacks are often used by homeowners to give leverage over a contractor, they can also be a way to give the contractors a hand.

Is there anything like a home renovation?

There's nothing quite like a home renovation that's firing on all cylinders. It's easy to get excited when your contractor is in a groove and it seems like there's constant, positive progress. Unfortunately, most projects have their share of hiccups, and depending on how your contractor reacts, they can potentially bring ...

How to fix a leaky sink?

Sometimes identifying a mistake is easy: The sink still leaks, the drainpipes still don’t drain. As soon as you realize a plumbing job hasn’t been handled correctly, do the following: 1 Contact the plumber, and ask him/her to return and fix the problem. This should be done at no additional charge. 2 Get the repair guarantee in writing. 3 If the work remains unsatisfactory, or the plumber can’t be reached, contact another plumber. If it’s not an emergency, ask for and check references. 4 Allow the plumber the time needed to do the job correctly. You can ask them for a time estimate beforehand 5 Provide pertinent information about the house and the plumbing issue. 6 When the work is completed, ask for an explanation of both the problem and the solution. This information should also be summarized on your invoice.

What to do if your sink is leaking and drain pipe isn't draining?

As soon as you realize a plumbing job hasn’t been handled correctly, do the following: Contact the plumber , and ask him/her to return and fix the problem. This should be done at no additional charge.

Who owns C&W Plumbing?

Chris Edmonds is the owner of C&W Plumbing, located in Lewisville, Texas. Chris has been a master plumber since 1999, and lives in Highland Village with his wife Karen and two daughters.

What is rush job?

Rush Jobs. A plumber might want to complete a simple repair quickly in order to take on a more lucrative assignment, but not spending the time necessary to do a thorough job, no matter how basic, can have negative consequences.

What does "rob Peter to pay Paul" mean?

In other words, they use the funds they collect from one customer to complete or pay for the job of another. It’s a dangerous way to run a business, but many contractors do it. For contractors who have walked off of your job, or are slow to complete certain phases of it, ...

How to file a complaint with the state licensing board?

There are three ways to file your complaint with the board (Phone numbers vary from state-to-state, so search for your state board online by searching on your state, and filing a licensing complaint): Call to have a Complaint Form mailed to you OR. Use the online complaint Form, OR. Download and Print a Complaint Form.

Can you tell a contractor you intend to turn to social media?

Sometimes merely telling the contractor you intend to turn to social media is enough to get them to make things right. Not all handymen and women who do bad work are incompetent. Some just need the right encouragement to return and finish or correct a job. The Contractor, or Homeowner’s Recovery Fund.

What happens if a contractor finds fault with their work?

Many contractors are under the assumption that if a customer finds fault with their work, the contractor has at very least the right to be told about it and come back and fix it, before the customer can bring in someone else at the contractors expense. Au contraire, mes amis.

Why do contractors have to comply with the same?

Sometimes owners or developers will have a desire to speed up the project, and contractors are often willing to comply with same so long as the parties have agreed upon additional compensation for the contractor adding additional labor power to accelerate the schedule.

Can you repair your own work if you don't have it in writing?

Since customers with failed work tend to be less friendly to the installing contractor, you are far less likely to have the opportunity to repair your own work (and control the cost of the repairs) if you don’t have it in writing.

Can a contractor come back to fix a customer's fault?

The law is, unfortunately, all over the place on this issue, but in almost all cases, a written agreement on the point will. Many contractors are under the assumption that if a customer finds fault with their work, the contractor has at very least the right to be told about it and come back and fix it, before the customer can bring in someone else ...

Can I file a complaint with Angie's List?

In addition, homeowners can file complaints with their state or local contractor’s board and through the Angie’s List complaint resolution process, all of which might be able to help resolve the claim on the homeowner’s behalf. Lopes also recommends homeowners create a timeline and assemble a file of all the paperwork surrounding the project, ...

Can a subcontractor put a lien on a property?

While the exact law will vary state to state, any independent contractor, subcontractor or supplier who performs work or furnishes material to improve the value of your property but isn’t paid for that work or supplies, has a right to place a lien on the property and take you to court in order to obtain payment.

Can I hire a bad contractor?

No one sets out to hire a bad contractor. And yet, homeowners in the midst of remodeling, building projects or renovations do it every day. Whether you neglected to do your research on a contractor before hiring, or even if you vetted every candidate — bad things can happen.

Can I get reimbursement from a contractor's bond?

Homeowners can also seek reimbursement from a contractor’s bond. Although requirements can vary by state and even by city, when a company tells you it’s bonded, there’s an agreement between the customer, the contractor and the agent that issues the bond (typically an insurance company).

What to never say to a contractor?

Seven Things to Never Say to a Contractor. 1. Never Tell a Contractor They are the Only One Bidding on the Job. Always get a minimum of three bids, in fact, the more bids you get the better. Separate each bid into the cost of materials and the cost of labor. This will help you tremendously when comparing each contractor..

What happens if you tell a contractor there's no rush to complete a project?

If you tell a contractor that there's no rush to complete your project, they will give your job the lowest priority possible. They will take on other jobs and spend their time doing other things, besides getting your job done.

Why don't you tell a contractor you are the only one bidding on a job?

Don't ever tell a contractor that they're the only one bidding on a job, because that gives them too much power. You need to lead them to believe that you are considering many contractors for a job, so that they are held accountable for their bid. 2. Don't Tell a Contractor Your Budget.

What happens if a contractor picks the wrong materials?

Picking the right materials can make all the difference in the world. If a contractor picks the wrong materials, the project is bound to go wrong. I need you to choose the materials. Be specific on what materials they purchase, where they purchase it, and the price they pay for it. 6.

What happens if you don't hire a contractor?

If you are not diligent when hiring a contractor, you risk a huge liability if someone is injured. Make sure that the contractor is licensed and insured, and has evidence of an insurance policy. Be aware of any subs brought in by a general contractor, to ensure that they are covered under their policy.

What to do if you tell a contractor your budget is $20,000?

If you tell a contractor that your budget is $20,000 they will find a way to make their bid $20,000, even if it should be lower. Instead you should have them provide a bid for the work you need done, so you can compare the cost of material and labor with other bids, to make an informed decision. Cost of Materials.

Is it stupid to pay a contractor upfront?

It is an extremely stupid to offer to pay a contractor the entire amount owed upfront. If you pay a contractor upfront, they can end up not doing a good job, or some will even take your money and disappear.