Independent contractor issues...looking for advice

[chief2891]

Hey fellow Wrx's,

 

I've been having some issues with a contractor I hired for a siding job. 1st time homeowner here and I'm starting think I went about this process all wrong. We have a civil contract he put together, which describes his scope of work to be completed, color of siding, and money that was exchanged but no completion date (he verbally told me 5-7 days). Long story short, we've had 3 different start dates in which he didn't show or call. He finally showed up 2 weeks ago (on 4/30). From 4/30-5/12, there have been 5 no call/no show days. When he does show, he works anywhere from 1.5-5 hours. He doesn't answer his phone, only communicates via text message. On multiple occasions he has texted and said he would be here from 9-5 until the job was finished but fails to show up. He's even gone on to say it would be completed by Friday 5/11, but the job is less than 1/2 done. He has been paid more than 1/2 of the total amount, but there are no materials here on site. On top of that, he purchased the wrong color siding (I have not confronted him about this yet). I'm looking for some legal advice. If I were to fire him, would I be out all the money he has been paid to this point (even though its the wrong color), and would I owe him the remaining balance? Do I have any other options, or am I screwed at this point? Thanks in advance.

[Tcann32]

Bummed I just saw this...

 

If it hasn’t been figured out (hopefully it has) shoot me a PM. Not a lawyer, but well versed in legal aspects of construction / construction documents.

[Wriggles]

Seems like these guys are the norm, rather than the exception. You could be talking about a guy I had to do a $6K concrete driveway and sidewalk job. Contracted in April, to start in mid June, didn't start until early August. Didn't show up for days at a time, 1.5 hours normal work day.

 

He finally finished the job, though, in about three weeks or so. Original time frame was five days. I could not use my car in over a month. A new car, I didn't want to keep it outside.

 

Seems to me, my contract was broken many times, as yours, too. Only recourse, in your case, is some sort of court action. Costly, time consuming, and your project is still undone.

 

Good Luck!