Problem with a contractor

[Norton]

We've got some friends that have come to me with a problem...presumably because I used to work in the trades as a carpenter/painter's helper.

They had a brick patio put in behind the house that amounted to around $6500 worth of labor and materials.  There was already a small concrete pad there that was much smaller than the planned patio.

Hubby asked if they were going to jackhammer out the concrete and the contractor said that he wouldn't, but would lay the bricks on top of it and then grade everything else so that the other bricks would match up.

Bottom line is that hubby and wife aren't happy and told the guy so.  He knocked off $1000 and told them that he would make good on it.

The wife is tweaking over the whole thing and stopped the check for the balance of the work.  I told her that this is a decidedly bad idea because it is going to lead to a mechanic's lien on the house.

My suggestions:

1.  Give him an opportunity to make good on it
2.  "Unstop" the check
3.  Keep a log of all conversations and then follow up with letters of understanding via certified mail.
4.  If no satisfaction....call the county consumer protection division and file for arbitration.
5.  Go to court.


Oh, did I mention that he's apparently not a licensed contractor?

Any thoughts?

[Nathaniel Firethorn]

If he's not licensed, how can he get a mechanic's lien?

- NF

[Standing Wolf]

I wonder whether the job is going to pass muster with the inspectors.

It, ah... is going to be inspected, right? If not, the home owner may find himself with a problem when he tries to sell the house.

[cfabe]

An inspection on a brick patio? Really?

[DJJ]

If he's not licensed, how can he get a mechanic's lien?

- NF

He can't. This very issue has been through the courts already. Not only can't he get a mechanic's lien on the house, he doesn't even have legal grounds to collect the money owed him. The courts have ruled that, like a minor, an unlicensed "contractor" cannot enter into a "contract" for such services. It also happpens to be a crime on his part to do so.

Tell them to find a good construction contract lawyer and sic him on the "contractor". If he's really not licensed, they're in very good shape.

[Norton]

Nathaniel Firehorn,

Thanks for pointing out the circular logic there

I mentioned that to the hubby if the guy is unlicensed to tell him that he's going to drop a dime on him and report him for working without a license.

cfabe,

In our part of the world (Central MD) you have to have a permit for everything, even changing the gutters on your house (I didn't ask the couple of they got a permit, if no....another red flag).  About the only thing that you can do is paint without a permit.

DJJ,

I'll talk to them again today and see if I can convince them to get an attorney.  I just hope that he doesn't cost them too much more for his services.

[Guest]

I wonder what kind of trouble a person can get into for hiring an unlicensed contractor to build a structure on their property...

[Norton]

UPDATE:

The guy was there first thing Tuesday morning and fixed it to everyone's satisfaction.

[P95Carry]

I do like a happy ending

Paul - in MD - do you need permits, inspection etc - to wash your car!!??  OK - J/K but - heck - sure sounds like ''inpector's paradise''! LOL

[crownvic]

P95, it is a inspectors paradise and a private citizen's hell. I have friends who work in real estate and they can tell some absurd stories. And please, don't give the liberals around hear any ideas about car washing.

[Werewolf]

P95, it is a inspectors paradise and a private citizen's hell.

But if you asked those same private citizens if they were FREE I'd bet that 95% of 'em would say YES and wonder why you asked...

[grampster]

In my township, you had to pay for permits to do most jobs.  I got myself elected to the township board and talked the rest of the board to issue the permits for free.  Logic:  If the township wants to make sure that citizens are complying with local zoning ordinances and safety issues, which is the reason for permits in the first place, they should consider not charging anybody for a permit.  People are generally honest and if they didn't have to pay a myriad of fees, they would most likely do things properly.  I saw one guy who wanted to do some expanding and remodeling pay more for the permits than he did for the materials for the job.