Hello, We checked out our contractor's status with the CSLB in April, and we found no complaints.

We also checked the BBB. Then in mid October they were insisting that we provide the next progress payment before the next stage was completed. We of course refused. His insistance made me wonder what if he was having problems with another job. I checked the CSLB , and I found that there were now complaints showing. I then noticed that their license was now suspended because the bonding company had not canceled their insurance. Shortly thereafter they did obtain new bonding insurance retroactively. Once reinstated, we continued to debate when the next progress payment should be paid. During that time I received two preliminary notices. I then insisted on being provided with unconditional waivers for previous progress payments. I am also insisting that with my next progress payment, that he pay subs or material suppliers for any work already completed. I will provide him with a cashier check for each party, but I must obtain an unconditional waiver from each sub for past work. He is refusing to pay one of the subs until the end, but the bill from the sub is higher than what my final payment will be. If he refuses at the end to pay him, I will then owe the sub contractor . I have reported this company to the BBB and CSLB.
How can they insist that they will not pay the subs until the end of the job??

CFH: The contractor should absolutely pay the subs with each progress payment otherwise you'll get stuck with paying double. That's why you want to obtain lien releases from all subs at each progress payment. It sounds like your contractor is having money problems and who knows where the money you're paying him is really going. You have a right to insist upon and obtain lien releases; the contractor is being unethical at your expense.

If you have filed a complaint with the CSLB, you should also consult with an attorney regarding future problems and civil exposure with possible mechanics liens from the subs. Preliminary notices have to be sent within a very specific time frame (usually 20 days from the date the subs begins work or materials are delivered) and having an attorney well versed in construction law will be helpful to you.

I am glad I found your site. We contracted with a licensed builder to build our home on March 15 with a proposed completion date of Aug. 15.

We were living out of town at the time, so assumed he was moving forward. In May, we realized he hadn't even started. He said it rained so much that he couldn't, yet we have located data on the amount of rain in the area and he had two two-week periods of complete dry where he could have poured the foundation. After May, it rained then for two months and he finally poured the foundation in July. Now, he is creeping along, not having subs there for days at a time. He refuses to have more than one sub there at a time, saying it could cause damage to each others' work. He knows we are having financial issues living in a rental home, waiting for this home to be built (with our construction loan). He refuses to give us a document that we have requested, that would state the proposed completion dates of each work/draw request. We see no end in sight and wonder if we can fire him and hire another contractor to complete ourhouse! What do you think?

CFH: If you haven't already done so, you should read through the article "The
Right Way To Fire Your Home Remodeling Contractor". There are definite steps a homeowner needs to take before they actually fire their remodeling contractor. Depending on your States' laws as well as what your contract states, you may be breaching the contract and therefore may loose your case if the contractor takes you to court. Also, many contractors who do get fired for lack of performance or shoddy work typically slap a mechanics lien against the homeowners' property regardless if the lien has no merit.

You may want to file a complaint with your States' Contractor Licensing Board or Consumer Protection Agency in an effort to get him to respond as well as to document that you are attemtping to resolve the problems with the contractor. Finally, when in doubt about where you stand legally you should contact an attorney knowledgeable in construction law to assess your civil exposure and advise you.

I am having a major problem with my contractor. He was a friend and I agreed to give him the work,

Because I knew him and thought he would do a good job if nothing else because of our friendship. It turns out the opposite seems to be true. He set a timeline for the work and is over due by months. he has had me purchase some of the material myself and the work is shoddy. He rarely shows up at the project to ever see the work and extra time is being spent to correct obvious mistakes. I don't have a contract and have asked for one on 5 different occasions. I don't know what to do, I have already paid him $20,000 and owe another $10,000 base solely on what I told him was the absolute max I could spend on this. I am not getting what I am paying for and I don't know what my options are. Extra time and money is being spent on having work corrected due to lack of management and I feel stuck, I don't want to have to pay for his lack of attention and mistakes. What do I do? Sarah C.

CFH: Well, short of hiring an attorney who will likely tell you you're basically hosed on this one and chalk it up to learning lesson, you can certainly pursue him on your own. Depending on your States license laws, you can file a complaint with the regulatory agency that oversees contractor/consumer complaints and see what they can do for you. Sending him certified letters can help you legally - serving as documentation - should you end up in a legal dispute down the road.

More importantly at this point: DON'T GIVE HIM ANYMORE MONEY in the hopes he'll turn around: it never happens and you'll just be dammed for doing so. You might consider consulting with an attorney for legal advice concerning your rights in your state.

Hello contractors from hell, I'm trying to find information regarding a contractor that is charging me for work that was not approved.

To explain the situation, my contractor stated in the contract that no work would be paid for unless it was agreed to in writing prior to any work was done. We paid him for a home remodel and he performed material upgrades to our kitchen without informing me or my wife that they were cost upgrades. no verbal or written communication was given regarding that the material and work were upgrades. I was presented a Work Order after the upgrade work had already been completed and it was only at that point that I received any written document regarding extra costs. Is this as simple as me not being obligated to pay him for that work or are there other things to consider?

CFH: In the majority of states, the law states that if there is a change to the original contract there must be a change order agreed to and signed prior to the work being performed; otherwise homeowners would more easily be taken advantage of by unscrupulous contractors all day long.

You need to put the contractor on notice about this; it was not in the original contract and the change order was produced after the fact which is against the contractors laws. If you're in California you'll be able to pull the information from the CSLB web site regarding change orders.

Simple, no, but the contractor will likely lien your property for the money regardless if you're right and he is wrong. And he'll never perfect the lien; he would loose in the courts as long as you have the documentation to prove he produced the change order after the fact. You might consider filing a complaint if he becomes unwilling to work with you or threatens to lien your property. Also, contacting an attorney who specializes in Construction Law is likely the next best thing to do given the unethical behavior of your contractor. And no, I don't have a referral for you - yet. That section of my site won't be up and running until this coming Fall. Look for someone who specializes in Construction Law.

I guess my contractor horror story isn't as bad as some I have read on your web site, but I would like to know where I can lodge a complaint against a contractor.

I had a rather large patio cover and cement pad put in over two years ago. I still have not received my permit, itemized materials list or resolution of cracks in the cement that appeared within a year of the patio being built. This contractor has repeatedly promised to resolve this issue and it's now been two years! I am lodging a complaint with the contractor's board and will be looking into small claims. Can you recommend a good attorney in the Antelope Valley area? I'm afraid to even consult with another contractor after this experience. Where does one get referrals? Thank you for your consideration in this matter.

CFH: While it's not timely for you, I will be putting together a section on my site for Construction Law Attorneys in the Fall. In the mean time look for an attorney who specializes in Construction law and meet with them or perhaps a phone consultation. Just be sure you feel comfortable with them and that they have your best interests at heart. If you feel pressured by them look elsewhere. Good attorneys don't need to resort to those tactics.

Unlicensed Contractor threatens With a Mechanics Lien

Our addition's final inspection was approved and signed off on November of 2005. At that time, we withheld 2.5% of the final payment from the contract price of our build pending a "Release and Lien Waiver" from our general contractor. Since that time until last Thursday, 5/24/07, we have not received word from our GC on when the Release and Lien Waiver" form will be given to us. Last Thursday, our GC came knocking on our door at 10 PM (really unprofessional, this guy)with a blank Lien Waiver form and another bill amounting for work he said we have not paid. I insisted that these made up charges we're not going to paying them simply because we were not notified about them nor did we authorize work for them. Additionally, we told him that we were ready to pay him the 2.5% withheld in exchange for the Release and Lien Waiver. Please note that during the course of the build, this GC will not complete a job if he was not paid for services which he considered "not within the contract". During the build, we paid him by check on all services he deemed "not within the contract". Fast forward, a year and a half today, and he comes up with a list of work he said were not paid for. It took him a year and a half to come up with new charges?!! He left when we told him that we will not be paying his new made-up charges. He took his blank Lien waiver form and said t hat he will place a lien on our house and sue us. Upon discovery, we found that this GC supplied us with a license from a friend of his. This GC is unlicensed and that all these years he has been operating by piggybacking on a license that someone else has. Can someone who's unlicensed place a lien on our house after close to two years have passed? I thought there was a timeframe when mechanics lien can be filed in California and that passed this timeframe (90 days after completion?), no one can come back and place a lien on your house?

CFH: This person did not provide me an email address to respond so I hope she'll read it here.

First and foremost, now that you know the guy is unlicensed you need to report him to the Contractors Board. In California a consumer who hires an unlicensed contractor doesn't have to pay him a dime whether or not the work is good or bad. As for threatening a lien a contractor has to be duly licensed at the time he worked on your project in order to even have lien rights. He may lien but he can't perfect it. It's obvious that the guy is in need of money and since you have shown him in the past that you were willing to pay for things "not in the contract" he thinks he can keep that party line going. Good that you didn't succumb to his scam. What a crook!

I strongly suggest you get an attorney who specializes in Construction Law to get this guy off your back and to put him on notice. You're probably not the only one he has done this to and it needs to stop.

How could I find out a contractor lien on my property?

CFH: You can find out if a lien has been placed against your property by checking with your county's property assessor's office, where you pay your property taxes. Liens are recorded with the county where your property is located.

I have an issue with an electrician. Signed a contract for 4400, the contractor did not get a permit for the work so I stopped the work after one and one half days. He charged my credit card for the 440 down payment and is now telling me I owe him 1425 more for the work that has been completed. He probably did no more than 800 with parts and labor. He actually went and got a city business license and permit one week after I fired him (he told me he had gotten the permit one week prior but I called the City and found out he had not, that is why I fired him) He is going to put a lien on my house, what do I do? I've filed complaints with the BBB and contacted the state contractors license board and was told it could take weeks or months. He also wrote in the contract that he would troubleshoot the problem with my central air, he is only licensed to do plumbing and electrical. Help...should I contact an attorney?

CFH: If you're in California, you should still consider going ahead with filing a complaint, especially because of the working out of class regarding the central air issue. The lien - if not perfected - becomes null and void after 90 days and you can then request him to remove the lien and if refuses, you can get an attorney to do the work for you. Also, the CSLB is looking at the rise in fraudulent liens, putting pressure on the contractor to remove them and yours may fall into that.

Otherwise, he'll have to present his case to the court and you'll have an opportunity to present your side before anything moves forward. Also, if you win he'll have to pay your attorney fees up to $2000. You may want to speak with an attorney who specializes in Construction Law regarding what you should do to further protect yourself at this point.

Problems With A Home Remodeling Contractor

My mother, a home owner in California, contacted a licensed contractor to do some addition and repairs to our home. He quoted us $33,000 for the project which included a 10x23 Kitchen and bedroom addition (total). Up on the signing of the contracted he asked for $1,000.

Then he asked for $5,000 for the plans, and before he started the project he asked us for $13,000. This was a total of $19,000 prior to him starting the job. During our conversations he had said he was going to do many things, which he did not include on the plans. Since my mother and I didn't know anything about house plans, we never told him anything until we started asking him questions after he had already started. Then, he started to tell us that he didn't remember talking about those items and that they weren't part of the plans. He said that we should have paid close attention to the plans and should have said something to him if we didn't agreed. He said he would do the work we were requesting, but he would have to charge us more.

We decided to just let these things go because we didn't want to get in bad terms with him since we feared that he was not going to do a good job. The next payment of $13,000 was scheduled up on start of the sheet rock, which was not close to having half of the work done. He asked for the $13,000 prior to even starting the sheet rock (2 weeks prior). We agreed to give him the money because we wanted to cooperate with him. His workers began to complaint about him not paying them. They said that the contractor had told them that he didn't have any money. Which I was surprised because we had already given him a total of $32,000 and we only had $1,000 more to give him and he wasn't even close to being done. When the floor installer went to install the vinyl, he informed my mother about the floor being out of level.

I then contacted the contractor and he yelled at me over the phone stating that we had not bid for having him level the floor at my house. I was surprised at his unprofessional behavior and told him that I understood that, but I believed it was only fair for him to have built the new construction according to the same level as our old one. He said that that wasn't part of our contract. I was shocked. The story is a little long, but as of now. I have sent him a letter postponing his services until further notice. I am afraid that he is going to use the postponement against me. He said that he had sent me a 14 day notice, until now (7/23/07) I have not received such letter and I am afraid of loosing all of our money. Do you know what type of lawyer can help me with this?

CFH: What a disaster! You really should file a complaint against this guy with the Contractors State License Board. He took more than the allotted 10% or $1000 - whichever is less - before he began the project. He is going to likely lien your mom's property for money he thinks he is owed. Contractors like yours file fraudulent liens all the time in order to extort money from innocent homeowners.

If you file with the CSLB, they may be able to stop the guy from further abuse. However, if you feel it is necessary to protect yourselves then you need to look for an attorney who is well versed in construction law and who represents homeowners. Though it won't help you now, I am putting together a section on attorneys in California who represent homeowners that are having problems with their contractors. It won't be online until this Fall but in the mean time be sure to research the proper attorney who can represent your best interests.

Be sure to read the section on liens laws on my site: http://www.contractorsfromhell.com/mechanics_lien.html