What do you do , when a Contractor does work on your property, they got the building permit in their name; and they get paid for the job ; but don't come back to do the required repairs that they signed and dated on paper; that they said they would do ? Then, you find out that the work they did, is substandard, to say the least. Some have said to go to small claims court. But I have a feeling that the damages might very well exceed the Small Claim Court Limit.

I wouldnt worry about the LLC factor unless you will be suing for 10k+, I would imagine any contractor has a pickup,trailer and tools that exceed 10K+

Licensed and bonded? Call the state board it has more power then the courts at times

Have you talked to the contractor already and asked him to make it right and if so, what did he reply?

Keith

Called him about a month ago, since the Weather got warmer. He was surprised I called. Said he was sending his Sons out, then he said he would have to take a look at it. A week past , and no one showed up. So, I called him up. Went straight to voice mail. Left message. 4 or 5 days went by , and I called again. Left another message on Voice Mail. Week goes by, and I called his house. Just another answering machine. Left message.

Another week goes by, not one call back. So, I called the Building Inspector and the Zoning Enforcement Officer. Had a LONG talk with the ZEO. He wants me to call him back later this week, if I don't hear back from the Contractor. The ZEO is NOT happy. ZEO told me I am not the one in trouble. I am "the aggrieved party in this situation. "

I would next send the contractor a certified letter, stating what's wrong and that you want it taken care of immediately.

Keith

This is a good place to start building a record. You've already given the ZEO and Building Inspector a heads up. The ZEO sounds as though they'd like you resolve it between yourselves (a good idea) but will get involved if the contractor doesn't respond. A Limited Liability Corporation (LLC) is for tax purposes and personal asset protection (like your home). It is not a shelter from dissatisfied customers.

a good ol fashion 12 am wake up call sounds in order,soon!

Report him to the New York Dept. of State and/or the New York Department of Consumer Affairs. You can also look up whether or not he has a Home Improvement Contractor’s license through the Department of Consumer Affairs. You can also file a complaint with your local Consumer Protection Office.

I don’t know how aggressive those agencies get with slacker home improvement contractors in your state, but that is where I would start.

This^^^^^^^

Never pay in advance and always check what has been done and these problems will not happen.

I like the 12 am wake up call myself.

I'm a contractor here in Illinois and I see all kind of stupid stuff that passes for construction. It will come back to bite them someday.

We do not need a license here. I would go to their home and knock on the door and talk face to face or send the certified letter or maybe have a lawyer friend send it with his letter head at the top of it. I have had a couple contractor who owed me skip town. Watch out for that - don't let it go too long.

I agree with Marty. When a contractor asks for money up front for materials that is a sign. Keep up the good fight. You may not win but it will keep him out of the area. When inspectors etc... see his name come up repeatedly on bad work. He won't be allowed to work in the area. Good luck to you

Marty and stinkypete. I’ve been a general contractor for more than 30 years. With new customers I used to require 50% of the total job cost upfront unless I was building houses in which case the bank was in charge of releasing draws. When Pennsylvania adopted HIC laws general contractors and any other home-improvement contractor was allowed to get only 1/3 of the total job cost in advance. I still require a 1/3 advance payment on jobs up to about $30,000. On jobs larger than that I will generally set up a draw schedule.

When a new customer signs a contract with me and returns the signed contract along with their check for 1/3 the job amount; I issue a receipt and place that money in an escrow account until right before the job begins.

That advance money ensures that I will not be completely ripped off by any customer. That has only happened to me twice and both times it was not because the customer was not satisfied with the quality of the work, it was because they were non-paying dead beats.

I generally do not require an advance payment for repeat customers.

That is the only way to do it. I'm going to be starting a $500k+ house soon that will be payed in cash and this is how I'm covering my backside.

That is good advice, but make sure you send a copy of the letter to the contractor's bond surety. If you contact your Department of Commerce, or whatever agency is in charge of contractor licensing in your state, they should be able to provide the name of the contractor's bond surety, normally an insurance company.

If it comes down to it, you'll probably want to sue the surety along with the contractor, unless they make it right. If someone is building without a license or bond here in Alaska, he is probably operating illegally. Be aware that the bond requirements, at least in my state, are minimal. ($10,000 for a general contractor). Also, there may be claims against the bond that are ahead of yours.

You are probably going to need a lawyer, unless the contractor or bond surety make it right. Good luck.

Jim