Our contractor performed shoddy work and hasn't responded to our email in 5 weeks. At what point can we hire someone else to complete the job and not owe the other contractor anything?
1 Answer from Attorneys
You need to give them WRITTEN notice saying they have not returned, they are not responding to phone calls, so unless they contact you immediately, and return w/i 7 days to complete their contract work, they are terminated, and you will hire a contractor to complete their work, and file suit for any and all increases in costs. If they do return, they must work each day until complete, and all work must be completed by (insert date), or you will terminate them, hire a contractor to complete their work, and file suit for any and all increases in costs.
I'd have a contractor you trust, or architect or engineer, look at the work performed to date. You probably do not have enough knowledge and experience to state knowledgeably that the work done is sub-standard. ALWAYS keep in mind, what you FEEL means nothing in court it is what you expected by contract, what was actually done, and what you can document and prove if you think their work is deficient!!! ANY contract work COULD end up in litigation, so from the beginning, put everything in writing!!! Again, PUT EVERYTHING IN WRITING!!! Keep in mind finding contractors to finish a problem job is always more difficult, and usually costs more, in part because they do not know how good the work they are finishing is, what may need to be re-done, etc., and they are always paranoid they will be blamed for what the first contractor did or did not do.