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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55313
Experience:  Practicing lawyer for 31 years
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On 10/05/2014 I had a house fire and on 03/15/2015 is signed

Customer Question

On 10/05/2014 I had a house fire and on 03/15/2015 is signed a proposal and acceptance with a contractor and on the proposal it states it is a rough brake down to complete the total job, the contractor has a copy of the insurance adjusters estimate of materials and labor, the contractor got 1/3 of the monies to start the job and I have done a rough estimate of materials, labor, dumpster and permit fee and the contractor should have around $8000.00 to 12,000.00 left, but he tells me he has tapped out all his charge accounts on my home repairs. There is a header that is 50% burned and cracked the roof is sagging there and I've talked to him about this three times and he tells me it will pass code and he was paid to replace any and all support, also paid to replace and subflooring and flooring in the whole house, in some of the rooms there is a 1/2" to 1" gap that you can is the ground, he said, he is going to fill it in with can foam and I told him I want it done right and according to the insurance adjusters estimate. He told me that I will have to pay for any extras, but he was paid for this work he is double dipping on monies, the outside walls don't look like a carpenter has done the work, because of the cracks was not there prior to fire. I talked to him two weeks ago and he has not made any changes and has not worked on the house in two weeks he said he is out of funds. Can I legally fire him without any repercussions.
Submitted: 2 years ago.
Category: Consumer Protection Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Review Legal Documents + Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  insearchoftheanswer replied 2 years ago.
Hi there. I've addressed this question in a prior thread? Is there additional information I can provide for you? Thanks.
Customer: replied 2 years ago.
You did not answer my question on email. I don't what threads are??just email or just answer account only
Expert:  insearchoftheanswer replied 2 years ago.
I'll repost it here in hopes you receive it.
"This contractor's actions are outrageous! You never want to let a contractor get ahead of you! And, the fact that he can't finance his costs is a huge red flag. And, in addition, he's clearly not doing a satisfactory job. If he erred on the estimate of the job, that's his problem not yours as he's the expert and you are entitled to rely upon his expertise. Your best bet here is to cut ties with him due to his default under the contract and move on to someone who will make the repairs in a satisfactory manner. What you want to do is raise the stakes on him. First, get an estimate from another contractor for the cost to complete the job, including any remediation due to the substandard work done to date. Then, send the existing contractor a certified, return receipt requested letter detailing the history, including the faulty workmanship, and terminate the contract and demand he pay you what it will cost you to have the other contractor finish the job properly since you no longer have confidence in him so that in the end you have paid no more (to your existing contractor and your new contractor) than his original estimate. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments being on the record.
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