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What Does a Customer Do When a Contractor Refuses to Complete a Job He Was Already Paid For?

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Posted by: from Atlanta
6/13/2012 at 7:45:34 AM

I had a gutter replaced and the contractor's helper did not install it correctly, hence when it rained I discovered that the gutter needs to be repositioned. This repair should take approximately 20 minutes at the most and the contractor keeps making excuses.

It has been two weeks since the gutter was installed and I asked for a refund since this guy has made no effort to remedy the situation. I paid cash and a check. He cashed the check yesterday even though the job has not been corrected. Please advise my next steps.

I know that I should contact the BBB. I just wanted to know how I can warn unsuspecting customers not to use this company for future help. Because the repair was not that expensive, the contractor feels like he doesn't need to complete the job, but I know I can sue him in small claims court, it is just the fact that in these tough times people would hustle hard working people out of their money.

I welcome your suggestions and feedback.

REPLIES (8)
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M.C.'s Home Improvements in Mount Laurel
Date/Time6/13/2012 at 10:08:30 AM

You can go to the dept. of consumer affairs (where we get our licenses) and submitt your "unfair circumstance"under their license..anyone who checks their liense for any problems will be notified.

Also, you can call the dept. of consumer afairs and tell them your problem. Go to their website if they have one and submitt your problem there, go to as many places as you can to notify the general public of the contractors crappy attitude and uncaring to correct a problem.

Good luck and God Bless!

Not every contractor is like that.

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Date/Time6/13/2012 at 10:22:18 AM

Karen,

If your state has a contractors license board, its best to file a complaint with them, and quite possibly they will help you with attaching his bond to have someone else finish or correct the problem. If he is a handyman that has no license, keep bugging him. If he is employed and did this on the side, bug his boss.

Here in California a complaint against a licensee shows up when folks like you take the time to check on their credentials and that usually motivates contractors to do the right thing.

If you need to have another contractor finish that, first check their license, tell them who did the bad job so they can bad-mouth them around town.

Noel A. Johnson

RollinTools Handyman Services

Ca Lic. # 643568

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Date/Time6/13/2012 at 10:50:19 AM

Unfortunately many people hire the contractor from nowhere and no check by their previous customer with no insurance and ended like this.

But even if this is not your case and have the insurance information you can tel him that you are going to contact his insurance company and clam your lose and also go head and file complain in small clam court.

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Date/Time6/13/2012 at 12:16:06 PM

I would call him again and ask him to come out and look at the job. if he says no then express your feelings about workmenship nicely. I would info him you will call bbb if he dose not correct the issue.

Other than that there realy not a lot you can do. we all could give you a long list of what you should have done but that won't help. you can post on craiglist in several places not to use him and hopefully warn others witch in end he wont get jobs.

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Date/Time6/13/2012 at 2:29:23 PM

Depending on the state you can actually sue the contractor for three time what he was paid i know it can be done in NJ, and PA.

The BBB is just note takers contact your local contractor licensing agency commonly the Dept of Consumer affairs issues contractors licenses.

First of all contractor contract must have an estimated start and finish date, a 72 hour right of rescission, with a default clause "in the even of an Issue" by the client (you) and a warranty or issue resolution clause it is is over $500, if the repair is less than a year old either sue the guy because there is a statue of limitations. If its less than that he has to face the music.

Also remember contractors get messed over way more than home owners it come with owning a business, at least 10 customers a year try not to pay and we sue them, so take pictures off all jobs. We take job site photos of our jobs every 2 hours every day until the job is complete regardless of price or job size.

Also was the work defective when he finished or is there an other issue or just his shady work.

Hope this helped

S.Gadson

Managing Partner

SCS Property Management & Construction LLC

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Date/Time6/13/2012 at 3:28:26 PM

Calling the BBB will not do anything for you.

I would try to call him one last time. If he does not answer his phone, leave him a nice message in a calm voice and say that you have been calling him for several weeks and you would please like to work this out with him. You explain the problem with the gutter again and leave it at that.

If he does not respond to your calm message within three days, go to small claims court immediately. He does not intend to ever respond, if he does not respond within three days. You may lose in court if you do not bring proper documentation of what is wrong with the gutter and payments you made to him. So make sure you have enough documentation to prove your allegations in court.

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Date/Time6/13/2012 at 3:41:48 PM

I would keep calling him and try to come to some kind of remedy for the situation.

Giving bad reviews online is a way to tell other people about this company and warn them against this company. I suggest maybe facebook, manta or see if they have a website on google.

Try telling him if he does not fix this repair that you will take the appropriate legal measures against them. If they keep on refusing to fix it properly then i would take legal action against them.

Get the gutter repaired by a different company and charge the 1st company for the 2nd repair when you take the legal actions.

It is companies like that, that give us honest, hardworking people a bad name, and make people not trust the hardworking handymen out here just trying to make an honest living in a harsh world.

I hope that you get this resolved without to much effort.

GOOD LUCK!

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Emma in Seattle
Date/Time6/26/2015 at 3:14:34 AM

If your contractor has fouled up your home improvement project or disappeared altogether, you have recourse.

-Hire an Attorney

-Take Your Case to Small Claims Court

-File Complaints and Bad Reviews

Visit here for more details: http://www.houselogic.com/home-advice/contracting/how-fight-back-against-bad-contractor/

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