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Problem with home improvement contractor

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Hi There, We hired...
Hi There, We hired one contractor to finish the job of the other contractor who could not completed it. The current contractor knew the situation and we agreed that he will not be liable for any damage to the patio he is building in future. He said he will finish in 5-6 days. He did not started the date he promised and now it is around one month and not completed yet. Every day he is coming up with new issue and goes back and sends email. We told him we are at home you could just talk to us.   Now he sent us one certified mail stating that we are dishonest and untrue and did not told him that we did not have a permit. We already spoke to code enforcement inspector of our township and they told us that we did not need any permit. We called the inspector and showed the letter. The inspector said that the contractor is lying in the letter when he said " the inspector told we need the permit". The code inspector is mad and said he can write a letter that we did not need permit as it is paver patio. Now in the letter he said he will not come and will reinstate for the remaining money. The work is incomplete. We paid already 50% of the amount 2 weeks before he started. Now we don't want him to come ,we can finish it by ourselves but our problem is that we want to file a complaint so if we finish then how we can justify that he did not do it. We can take pictures.   In the letter he said the walls are settling down etc. But we have already signed a contract with him that he will not be liable for any issue if we have in future. We just wanted him to finish the work. Please advise what we should do. Our kids can not play outside all summers going waste. It is such a mental harassment. Thanks, NK
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 18 hours by:
6/24/2010
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,711
Experience: Attorney experienced in commercial litigation.
Verified
You need to file a complaint with the contractor's licensing board against the contractor and also with the DA for theft by fraud since he took your money and did not perform any work. Generally these two things should get your money back from him and you can hire another contractor to handle your work, If these two options do not help, then your last recourse is to file suit in small claims court to recover the money.


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