My contractor recently walked off my job (partial but substantial reno). I had paid him $20k of a projected $33k job ($10k upfront, $10 after 1 week). He only did 4 days of work on a projected 3-week job; mostly demo and the world’s worst paint job in one room. He’s claiming he is entitled to keep $15k. His side of the story is I had too many change orders; some truth to that (I’m a newbie) but overall not really. We didn’t have a formal contract; just a skimpy printed estimate and receipts for payment. I know this all sounds shaky but he’d done a big job for a friend so I figured that’s how they operate and that would be fine.

I’d appreciate any advice on (1) our relative legal positions and (2) my options. Would appreciate any info on: (1) good sources of free info (websites, govt), (2) name and # of a lawyer who handles this type and size of dispute regularly & how much such a lawyer would charge, (3) is any NYC agency of any use (I think there’s complaint board against contractors). Does the contractor’s position depend on whether he’s properly licensed or not?

Thanks in advance.


Comments

  1. Report him to the Better Business Bureau. There is a nys website–just google. I have been looking for a contractor and checked there for any reports–so you might help someone else too.

  2. Will he give you $5000 back? Since you paid him
    $20k and he thinks he did work worth 15k.
    If he does- take it and get somebody reputable to finish the job. Anyway what exactly was he doing for you? Be careful about going to City agency if you did not file the job. You can end up spending more money. It is your obligation to file any work being done.
    Many people make a mistake of paying too much downpayment to contractors. And why would you pay him more if he did not do a good job? I am sorry but you got yourself in trouble. Some contractors get really frustrated with clients who do not have clear vision of what they want and constantly change things. As it is fun for you it is very aggrivating for the contractor.
    I am not a contractor (just to clarify), I am a designer and have to deal with some of this problems on every day basis. Good luck.

  3. We had a very similar experience recently, but on a larger scale. We had a contract to renovate our 3-story brownstone for $100K. Our contractor, Darryl Coleman of Dream Interiors, did bad work, took forever, and eventually walked off the job when we wouldn’t give in to his unfounded demands for more money. We had paid around $70K and probably lost around $10 to $15K in unfinished and poorly done work. But the more we asked around, it seemed we really had no recourse. And if we successfully sued himm, we could only force him to finish work rarther than return our money. He was insured, but had lied about being licensed. And, in a way, we were so relieved to have him out of our house that we just decided to cut our losses. In your case, you may be able to get some or all money back if he only did 4 days of work for $20K! Take a lot of photos and your estimate and receipts to a lawyer. Try Marcus Attorneys 13 Greene Ave. (718) 643-6555. Good Luck.

  4. While I don’t have all the answers you’re looking for, I can attest that in my business (plumbing and heating contracting) the only people that have been succesfully held accountable for shoddy work or bad business practices were licensed and insured professionals. But it doesn’t happen often.

    On the other hand the people that routinely get away with murder are those without licenses or ties to a regulating agency.

    Good luck. I hope you are compensated.