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re: Advice on how to deal with a general contractor?

Posted on 8/16/16 at 10:13 pm to
Posted by sneakytiger
Member since Oct 2007
2471 posts
Posted on 8/16/16 at 10:13 pm to
As someone about to build an addition, what's a reasonable dollar amount for LD's? $1000 a week?
Posted by boosiebadazz
Member since Feb 2008
80089 posts
Posted on 8/16/16 at 10:25 pm to
Not sure. I don't know of someone who deals with construction law in your area. Best of luck, though. Sounds like a shitty situation and I hope you can get it rectified.
Posted by Serraneaux
South of 30a
Member since Mar 2014
19547 posts
Posted on 8/17/16 at 1:24 am to
When all else fails, hammer the shite out of him or his company on social media if he has a Twitter, web, LinkedIn or a Facebook presence. Call the BBB, Angie's List, Yelp, etc. Be professional and reasonable with the complaints. After you are done, he'll have to spend a ton of time cleaning up his online profile and will have to pay someone to do it for him.

Comcast "fixed" a cable simply by laying it over some pavers which was a tripping hazard on a main walkway to my Backyard and an eye sore and told me it was going to be two months before they could come fix. I took a picutre of the fix and tweeted it at their main page and someone contacted within 24 hours and they and out and did it correctly in a couple of days.
This post was edited on 8/17/16 at 1:26 am
Posted by BLM
ATL
Member since Oct 2011
746 posts
Posted on 8/17/16 at 8:24 am to
Sounds like you've already had some communication with his subs. I'd get them on the phone asap to ask two important questions: have they been paid in full to date by your GC and will they complete the job directly for you if required. You don't have much work left to do so the risk is low in terms of your knowledge of the construction process. Does your GC have all of the required inspections to obtain a certificate of occupancy. I'm a commercial guy so I don't know what all is required on a residential project. The local permit/inspections office will be able to educate you on what is required if the GC won't tell you. Be prepared for your GC to walk or stall even more once he gets wind of your conversations with his subs and the snooping around about permits/inspections. I'd also figure out who all of his suppliers are for materials. More often than not in this day and age the way your GC runs his construction jobs is indicative of how he handles his back office business. If he's not making timely payment to his suppliers you could be close to liens on your property. Have you been requiring lien releases and/or sworn statements for his payments to all subs/suppliers? Again, I'm a commercial guy so these things are pretty standard since we're normally dealing with sophisticated owners. Doubt it happens much in the residential world, especially in a small market like yours.

I have a buddy who does commercial construction law in BR. He may have a reference for someone down in your area.

Steps I'd take:
1) consult attorney for specific laws pertaining to termination for cause since its not in your contract...any construction attorney should be able to tell you this in a 30min conversation. Also have them briefly review your contract.
2) immediately contact all subs and suppliers to determine your risk exposure with regard to who's been paid and who hasn't and what liens may be imminent. He could be floating all these guys to the end of the job and then once your inside the last 30 days just default on all those bills. Subs/suppliers won't go much longer than 30days unless he's very reputable and/or has a long standing relationship with them.
3) figure out what inspections still need to be completed in order to obtain CO.
4) determine all work needed to be complete in order to direct remaining subs yourself. Once I got these guys on board I'd have a meeting with each of them at the property and develop a quick plan for finishing the work. Those guys will have a much better idea than you on sequence of work although you don't have much left to do.
5) lastly, I'd build my case against this builder. This means print all emails, texts, etc you've sent him or received showing you've been doing everything possible to communicate the situation. Put a list of out of pocket expenses you've incurred due to his lack of ability to comply with the project schedule. Include any anticipated attorney costs, all subs/suppliers payments he hasn't made that you could be on the hook for, etc. Create an overall timeline from the very beginning that will potentially demonstrate his inability to perform in a timely fashion. Time is of the essence.

Good luck man. I'm a construction guy and I just hate to hear about people like this out there that give the rest of us a bad name. I'm also assuming that your story all checks out and he doesn't have a whole other side to be able to demonstrate that you delayed the job at 5 different points due to lack of timely decision making.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 8/17/16 at 8:44 am to
Good advice here.

OP, what a nightmare. Hope it all works out for you ASAP. I'd call the lawyer in BR someone recommended earlier in the thread to see if he has a rec for someone in your area. The law community in most states is a pretty tight-knit group, especially within the specialized areas. I'm sure he knows someone.
Posted by HamCandy
Team Meat
Member since Dec 2008
888 posts
Posted on 8/17/16 at 8:54 am to
Did I miss read an earlier post, you paid him his final draw and he still had work to complete?

Posted by VABuckeye
Naples, FL
Member since Dec 2007
35462 posts
Posted on 8/17/16 at 9:00 am to
I think he said most of his final draw which was still a huge mistake. Contracts should be written with milestones which much be achieved be draws are issued.
Posted by man117
Los Angeles
Member since Jul 2009
674 posts
Posted on 8/17/16 at 10:30 am to
(no message)
This post was edited on 6/25/17 at 7:11 pm
Posted by man117
Los Angeles
Member since Jul 2009
674 posts
Posted on 8/17/16 at 10:35 am to
(no message)
This post was edited on 6/25/17 at 7:12 pm
Posted by man117
Los Angeles
Member since Jul 2009
674 posts
Posted on 8/17/16 at 10:39 am to
(no message)
This post was edited on 6/25/17 at 7:12 pm
Posted by buford4LSU
Thibodaux, LA
Member since Jan 2008
2264 posts
Posted on 8/17/16 at 1:16 pm to
Hey man117, I am about to build in Thibodaux. Email me the contractor name if u don't mind to make sure I don't use this person.
bguidry@hotmail.com
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35462 posts
Posted on 8/17/16 at 2:04 pm to
Hopefully, this will just be a memory for you in the near future.

It doesn't help you now but I have a talk with every contractor I hire. They are expected to communicate, show up and do what they say they are going to do when they say they are going to do it. If they don't I fire them as my time is much more valuable than theirs.

There should have been a clearly defined workflow on the project with weekly status meetings and updates. Anyone building houses that isn't doing this simply isn't worth hiring.
Posted by HamCandy
Team Meat
Member since Dec 2008
888 posts
Posted on 8/17/16 at 3:36 pm to
Ok, so you have a bit of leverage with the 15k. I wouldn't give the guy a nickel for as long as he went over his contract time. So 7 weeks and counting.
Posted by man117
Los Angeles
Member since Jul 2009
674 posts
Posted on 8/17/16 at 5:08 pm to
(no message)
This post was edited on 6/25/17 at 7:12 pm
Posted by Libertariantiger
Member since Nov 2012
981 posts
Posted on 8/17/16 at 5:41 pm to
Hey man, sorry to hear about your problem. The bad news is it will be really hard to get someone to come finish his work. Warranty possibilities on top of either having to switch subs or use the people he hired to finish wold be a nightmare. He may intend to finish and is just really bad at it. Closing is the hardest part.
What I would do. I would not pay one more cent until he is done. I would hire a new home inspector to make sure all the small items are done. Guys who struggle closing are the ones who leave multiple items and prey on people's impatience to slide by with 10 times not complete.
Does he have a social media? I would ask questions there. If it's a business that markets through his website or Facebook, he will freak out if you start asking questions there. If he works out the back of his truck, it won't worry him so much.
Have a lawyer send him a letter talking about loan lock in and completion dates. Does he have insurance? Ask for a copy of that. I think he has to provide it if you ask and call them. You want him motivated to finish. Find what motivates him.
Posted by HamCandy
Team Meat
Member since Dec 2008
888 posts
Posted on 8/17/16 at 7:08 pm to
Yeah that's not a bad idea, you could put the guy on blast via social media...

I'm about to be finished my house, one week to go... I would be beyond pissed off if this was happening to me... I hope you get it finished and end up a happy man when it's all said and done. Having a brand new home is a great feeling.
Posted by 4LSU2
Member since Dec 2009
37307 posts
Posted on 8/18/16 at 5:31 am to
When a general contractor fails to complete their work on time, 9 times out of 10 they are dealin with financial issues. First thing you do this morning is reach out to all of the subcontractors that have worked on your house to date and inquire about their payments on your house. There could be numerous people/ subs not paid that will place own on your property, which will hinder and delay closing when the house is complete.

The subs you talk to will inevitably notify the general that the owner is calling them direct. This will piss him off and prompt immediate action. I dealt with a shitty house contractor (Luke Construction) last year and was able to get out of my contract. A bad experience with a shitty contractor will ruin everything in your word until they're out of your hair.

Good luck to you.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35462 posts
Posted on 8/18/16 at 7:08 am to
quote:

9 times out of 10 they are dealin with financial issues


This. If he's asking for draws to pay for work that hasn't been completed he is robbing Peter to pay Paul. Odds are that he is actively trying to sell another big project so that he can cover costs to finish the OP's house.

The OP should contact the subs directly and find out their standing with the GC in regards to payment. I'd bet they aren't on his site because they haven't been paid. The result can be that the OP ends up with a house with mechanics liens on it. I'd get ahead of the situation right now.
Posted by man117
Los Angeles
Member since Jul 2009
674 posts
Posted on 8/18/16 at 7:49 am to
(no message)
This post was edited on 6/25/17 at 7:12 pm
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35462 posts
Posted on 8/18/16 at 8:44 am to
Here's to a speedy and acceptable resolution.
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