We hired a home improvement contractor for a major landscaping job. He completed about 80% of the work but then disappeared. Right before he disappeared, he asked if we minded paying him for the work he already completed. He seemed nice so we agreed. Then, he vanished, even though he signed a contract with us saying that he was supposed to do our driveway (which he didn’t — and now it is near winter and we have no driveway). Can he legally do this? (walk off a job even though the work in the contract is incomplete)
Never Pay until the job is DONE.
Never
No matter HOW NICE he seems.
Of course if he is contractually obligated to finish the job – but Now YOU have got to compel him to do it. (and you’ve lost hour hammer)
(no pun on the contracting thing)
It will probably be cost effective to hire someone to finish the job… and consider this a lesson learned.
I assume you’ve called him to ask "what’s up"? And I also assume he’s UNAVAILABLE, right?
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nope…i dont think
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Yes, that is legal. As long as he was not paid for more than what he had already done. This happens all the time. That is why it is very important to do research on the contractor that you hire. Sorry about this happening to you though! 🙁 Also, definitely go after his builders bond and report him.
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Something must have happened. He could be in a very rough situation right now. Try finding him and asking what it going on before you press charges or anything.
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Hire a lawyer and sue. Good luck.
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Depends on what your contract says. Unfortunately contractors have a bad reputation because of guys like this.
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if he signed a contract stating that the job would be finished than it is illegal, otherwise next time get what u want in writing. sorry dude
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You would win in a lawsuit but that would cost you money…If he didnt get more money than he was due then just hire someone else to finish it
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Well, you can’t throw him in jail for it, unfortunately. Your only recourse is through the courts, or your states builders board. That’s probably your best option here, to try and go after his builders bond. I’d start with the builders board, then go from there.
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Never Pay until the job is DONE.
Never
No matter HOW NICE he seems.
Of course if he is contractually obligated to finish the job – but Now YOU have got to compel him to do it. (and you’ve lost hour hammer)
(no pun on the contracting thing)
It will probably be cost effective to hire someone to finish the job… and consider this a lesson learned.
I assume you’ve called him to ask "what’s up"? And I also assume he’s UNAVAILABLE, right?
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He is legally bound by the terms of the contract, however, that does not mean that one, as has happened to you, walk off.
If you want any sort of satisfaction, you will probably have to sue him in small claims court, but even if you get a judgment in your favor, it does not mean that you will be able to collect anything.
Talk to an attorney (or several) that offers free first consultations. That way you will know what your costs of pursing it with an attorney might be. It may be that it would be cheaper for you to file your own action in small claims court.
Good luck…
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Well, the fact that he walked off means he can. However, that doesn’t make it right or legal. If you have a signed contract, then you need to contact a lawyer to make him respect his contract. And contrary to what someone else said here, you won’t have to foot the bill. In the end, you can compel him through the courts to pay for your fees (including legal) to get him to fulfill his contract.
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mmmmm
Well I’m a contractor and have walked off a couple jobs.These are cases where the owners were as sweet as pie to get you there and turned out to be 100% jerks.This is why I only do about 5% residential work and 95% commercial work.
I do require performance draws on work completed,exactly the same as the commercial sector.I’m not saying who is right or wrong in your case.It would be in your interests to keep trying to contact the contractor and mediate this.
If you paid for completed work and no contact made they have broken the contract.You are then free to hire another contractor to complete work.The way the economy is today I see my attorney once every 2-3 months trying to collect money.You have paid only for work completed,hire a concrete contractor and get your drive completed.
Good Luck
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yep if you paid him for what he has done, , check the contract
bet there’s a clause that says he can terminate it at any time
if not take him to small claims court
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maint man