My question involves a consumer law issue in the State of: North Carolina
I have hired a contractor to remodel my bathroom. The contract was written poorly (no start or finish dates, but a sentence saying "All work shall be completed in a professional and timely manner") and many things have gone wrong. In addition with poor workmanship on cutting and installing tiles, poor workmanship in plumbing, poor installation of fixtures and faucets, not installing the fixtures we had initially chosen, and other aesthetic issues he has demonstrated poor professionalism such as letting my sliding door open after him and his subcontractors left the house unattended, dumping mortar right outside on the trees of my property (not getting washed away by the rain even after 6 weeks), getting extremely irritated when asked to fix his mistakes and more...
The biggest problem is that he explained to us (after the fact), how he built our shower pan, and he has not installed any waterproof liner that is described by standard building practices. We have pictures taken every day that proves this fact and an audio recording of him explaining his technique.
There is a final payment left of $500 upon installing the shower glass doors. However, based on were his subcontractor drilled the holes for the hinges, I can already tell the door will be installed crooked. I would like to fire him before he installs the door, and not give him final payment based on poor workmanship, but then he could file a lien on my house. Also there is no article in the contract that explain how and under which circumstances I could fire him, which means it would be a breach of contract on my end. It would be easier for him to prove the breach of contract on my end (me not paying the final payment), than me proving breach of contract on his end (work has been going on for 2 months, and poor workmanship, and building shower not up to current building codes).
How can I fire him? How can I hold the final payment? Is it worth taking him to court for poor workmanship and not building up to code? Also, he never requested any permits to do minor electrical work and minor plumbing relocation. Was it his responsibility or mine? Should I just let him finish the work and pay someone else to fix his bad work, and just file a complaint on the BBB? What are my options?
I have hired a contractor to remodel my bathroom. The contract was written poorly (no start or finish dates, but a sentence saying "All work shall be completed in a professional and timely manner") and many things have gone wrong. In addition with poor workmanship on cutting and installing tiles, poor workmanship in plumbing, poor installation of fixtures and faucets, not installing the fixtures we had initially chosen, and other aesthetic issues he has demonstrated poor professionalism such as letting my sliding door open after him and his subcontractors left the house unattended, dumping mortar right outside on the trees of my property (not getting washed away by the rain even after 6 weeks), getting extremely irritated when asked to fix his mistakes and more...
The biggest problem is that he explained to us (after the fact), how he built our shower pan, and he has not installed any waterproof liner that is described by standard building practices. We have pictures taken every day that proves this fact and an audio recording of him explaining his technique.
There is a final payment left of $500 upon installing the shower glass doors. However, based on were his subcontractor drilled the holes for the hinges, I can already tell the door will be installed crooked. I would like to fire him before he installs the door, and not give him final payment based on poor workmanship, but then he could file a lien on my house. Also there is no article in the contract that explain how and under which circumstances I could fire him, which means it would be a breach of contract on my end. It would be easier for him to prove the breach of contract on my end (me not paying the final payment), than me proving breach of contract on his end (work has been going on for 2 months, and poor workmanship, and building shower not up to current building codes).
How can I fire him? How can I hold the final payment? Is it worth taking him to court for poor workmanship and not building up to code? Also, he never requested any permits to do minor electrical work and minor plumbing relocation. Was it his responsibility or mine? Should I just let him finish the work and pay someone else to fix his bad work, and just file a complaint on the BBB? What are my options?
Non-Performance and Breach: Small Claims Court for Poor Workmanship/Not Building to Code or Bbb Only
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