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We started a renovation project in November of 2008, we made…

We started a renovation project...
We started a renovation project in November of 2008, we made our final payment in December of 2009 but we have punch list items to go, it's been 6 months and he still is not finished, can I take him to small claims court in order to finish the job in a timely fashion?
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Answered in 1 minute by:
6/28/2010
PlotinusLaw
PlotinusLaw, Attorney
Category: Legal
Satisfied Customers: 738
Experience: 14 years of experience in all areas of family law.
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Thank you for your question and for contacting JustAnswer. Can you tell me what a "punch list" is?
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Customer reply replied 8 years ago
Here are the items on the punch list, these are items that need to be fixed in my home.

  1. Fix door in mud room- can see outside
  2. Re-glaze wood storm single pane window – Ice broke the 2nd window
  3. Re-glaze one light in window
  4. 3 Cracks in the shower corners about 2 – 3 feet long. One is between the soap shelves – cracks look smaller since it has gotten warmer outside.
  5. Stain / install quarter round in kitchen
  6. Two outside corner pieces on island
  7. Pocket door trim and limit
  8. Hang a mirror.
  9. See if possible fixing rust spot in toilet or replace
  10. Sponge Tray for sink area
  11. Switch in backsplash doesn’t work
  12. Light going down the basement stairs doesn’t work
  13. Finish exterior crown, east side of house
  14. Top & Bottom trim for Gorell unit in living room
  15. Stair way trim for window needs to be replaced.
  16. Call suppliers regarding scratches in sink and metal ring for desk.
  17. See if possible to raise microwave and trim
  18. Trim top (or bottom) of post in us bath
  19. Center and level vanity
  20. New toe kick
  21. Enlarge vent in bath for old vent to fit
  22. Remove plastic on hood
  23. Railing for basement stairs
  24. Right window in kitchen does not close properly
  25. Pantry door is missing a screw
  26. Bottom cabinet next to the frig rubs on the frig panel.

Completed List since Nov 16th 2009

  1. Silicone around backsplash edge and refrig. Edge - Complete
  2. Seal backsplash – Complete
  3. Finish crown above refrig cab. – Complete
  4. Grout around tile around stove and sink, most of the bottom edge is coming loose. – Complete
  5. Install cab above refrig (36 x 24) - Complete
  6. One piece of scribe near pantry - Complete
  7. Scribe on side of oven – Complete
  8. Trim us bath (trim in garage) - Complete
  9. Hang light in us bath - Complete
  10. Install hood extension - Complete
  11. Mud room closet door – Complete

Completed List since Final Payment 12/25/09

  1. Two more handles for kitchen - Complete
  2. Tile first step of basement step (free extra) – Complete
  3. Railing for outside stairs – Complete
  4. Replace cut-out on frig panel (customer retained) – Complete
  5. 2 Cracks in addition ceiling, 1 foot and 3 feet cracks - Complete
  6. Missing outlet cover in addition bathroom, mudroom & laundry room outlet. - Complete
  7. Insulate crawl space walls. – Complete
  8. Shelves in addition bath
  9. Shade is missing in addition bath
Thank you for your question and for contacting JustAnswer.

Thank you for the additional information and for being patient. If all the items on the punchlist were included in a written contract to perform those services, you can take this contractor to court and sue him for breach of contract seeking either compensatory damages for breach, or, specific performance on the contract. Specific performance is where the court orders the person to complete the balance of requirements pursuant to the contract. If you are successful, you can recover any out-of-pocket expenses you may have incurred in hiring another contractor to finish the work that your current contractor obligated himself to finish, as well as potential attorneys fees and costs for having to file the case in the first place.






I hope that you have found this information helpful. If there is something that I have not explained clearly, or, if you are dissatisfied with the answer, please don't hesitate to ask a follow-up question. Also, please remember to click on the green "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. Your question will not close, and you will still have the opportunity to follow-up if needed. I wish you the best of luck in pursuing your case.

This is information only, not legal advice. No attorney-client relationship has been created. Please consult an attorney in your state for legal advice regarding your matter.
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Customer reply replied 8 years ago
In the contract did does state final payment upon substantial completion, does that change your answer. In other words he said because it was substantially completed we had to pay him in Decemeber, that is why the punch list is broken out like that. I am wondering how long does it have to be completed after the final payment is paid.  He has come once a month to finish one or two items on the list.  I feel as though he is dragging this out way too long and it just needs to be finish.
Thank you for being patient. This does not change my answer, because, you honored the terms of the contract by completing your obligation, he still hasn't.
PlotinusLaw
PlotinusLaw, Attorney
Category: Legal
Satisfied Customers: 738
Experience: 14 years of experience in all areas of family law.
Verified
PlotinusLaw and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago
Thank you for your time, I have enough information to move forward with a small claims court.
Customer reply replied 8 years ago
Could I put a lien on his business and if so what would that entail?
You will only be able to put a lien on his business if you obtain a judgment pursuant to a breach of contract case. Once you have the judgment, you can either file the judgment itself as a lien or a draft a lien referencing the judgment, either document can be filed with the county clerk.
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