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WWYD?
I'll try to keep this short: We had over $20K in repairs done to fix a leak in our dining room ceiling & walls/hot tub deck "floor"above the dining room. Basically, the entire dining room was stripped to the beams, a new "roof" put on that section under the hot tub, a new deck built to properly hold the hot tub, new insulation and new walls put in the dining room.
After all this was done, we took it upon ourselves to redo the flooring in the dining room - ripped up carpet to lay laminate flooring. This revealed that the contractor didn't notice/ignored the rotting flooring - duh, water trickles DOWN! We called him back in and he found more water damage to the basement (now the 3rd level of the house in this corner affected by the leaks) AND the foundation. After paying him $20K to fix all the higher level problems, we asked him to lower his prices ($45/hour) to finish the job, since we felt that he reasonably could/should have predicted the additional damage as a professional builder. He was clearly offended by our request, and come to take back his ladder and was never heard from again, leaving some work still unfinished.
Well, back when we all had leaking this winter with the ice issues, we had some leaking in there again - I convinced my husband to chalk it up to us not removing the heavy snow from the deck above the dining room. Once the snow was removed, we had no further leaks. Until the heavy rain the other day - the water has come in, bubbled behind the new paint on the new walls, burst through the paint and dripped across the new laminate flooring which isn't supposed to get "wet", discolored the new ceiling, etc. Oh, and the hot tub is empty now and has been all winter, so the weight of the water isn't an issue, and even if it were filled - the deck he built was intended to more than support it's full weight.
We've called the contractor once, with no answer and no return call. We called again today, again, no answer. After paying the man so much money, is it too much to expect that since he didn't do the job 100% the first time, that he'd honor the work he did do and come back to fix the new leaks and damage?
What would you do if you were us and if we still don't hear back from him early next week? Keep in mind, I am due with the baby any day now, the original leaks caused mold and even MUSHROOMS to grow in and on the walls, and that the payment for his services all but depleted DH's savings - our homeowner's insurance wouldn't cover it (we waited too long to report, and they had some other loophole I forget now also). We have a disgustingly high mortgage payment and just cannot afford this again!
We're thinking our options are: file a complaint with the BBB, take the guy to Court, try to get our insurance co on board this time and have them try to get him to cooperate... We're at a loss...
Re: WWYD?
1. get the insurance involved now
2. take pictures
3. call contractor 1 more time to come and correct his mistakes
3. depending on what insurance says, seek legal advice to take contractor to court. You would be suing for more than the small claims limit, so you can't go to small claims court.
4. you can file the BBB complaint to help others, but it will do nothing to help you out.
I think there is no way you get out of this without a lawyer and the courts.
So sorry this happened to you.
Did you get a quote from him stating the work to be done? If so, look over that. If there is anything on there that is not done then you have a case. If every thing on the quote/agreement is done then I think you are SOL. I know it sucks.
I had a reputable business put a roof on my house. They didn't flash anything. Because it wasn't in the quote I was screwed. I should have paid better attention.
I have actually had quite a bit of success by merely mentioning that I am going to contact the BBB. Try that first. Call the contractor one more time and tell him that you are going to contact the BBB and/or a lawyer if he fails to return your calls by such and such a date. I bet he responds.
I agree, I'd start with calling the insurance and threatening him a little. If all else fails, call Mike Holmes!
Megan- I was just thinking this!
I don't have any practical advice, but I think PPs have had some pretty good tips. So sorry you're going through this right before your due date and I hope it gets resolved ASAP!
The aim of life is to live, and to live means to be aware; joyously, drunkenly, serenely, divinely aware. -Henry Miller
http://cookthehumbletable.blogspot.com/
This is exactly what I was going to suggest, but I would say definitely tell him that if you don't hear from him, you will call BOTH the BBB AND a lawyer. (This is also why I only used licensed folks.) You can also say that you will be spreading his name around on Facebook, contractor review/home improvement sites, etc. if you don't hear back from him.
I *believe* (but I'm not a lawyer) that your paperwork with him and the exchange of money for services rendered carry an implication that work will be done correctly. If he did the work poorly and, as a result, it leaked-- you may have a good case against him since he failed to uphold his end of the bargain.
That sure seems like an awful lot of money for the services rendered- though it was extensive.
Just to play devil's advocate here, you say he put a new "roof" over the hot tub area. Do you mean outside where the shingles live? Or do you mean inside the house? Either way, you could have a leak elsewhere in the roof and it is dribbling down and then coming into your bathroom etc, causing the mess. Which means his work isn't necessarily faulty.
Now, I DO think that before you socked $20K into the house that it would have been properly diagnosed, and if this guy did a crappy job diagnosing it, then I'd wonder if you have a case. It certainly seems like he should have checked in the basement etc. I also think that if you had a contract with him, he has to finish the work... but if your contract didn't have a signed estimate to hold him to a range without going over, he might be in the right to keep charging you until he's finished.
All in all it sounds like a crappy situation and I don't think I have any really helpful advice.
Yes, good points!