Contract fell thru - need advice

That sounds like good advice to me. A week or two beyond the 30 days specified on the primer can probably isn't going to make any difference. Also, that 30 days is specd as worse case, with high temps, etc. In a more typical case, I doubt going 2 weeks beyond will make a difference.

But, if the OP is dissatisfied with the performance of the contractor, they should send a letter telling the contractor they want the job finished in say 30 days. Also cite the concern about the primer. I would stay away from who owes who what in the letter at this point. As Hilary pointed out, if you have to get another contractor to finish the job, and it cost more, the existing contractor can be sued for the difference. Of oourse collecting a judgement is another matter.

Also, how long and how much you have to put up with is arguable. If the contractor is making slow but steady progress, I'd be less concerned than if he's disappered for a long time with no communication.

Reply to
trader4
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That varies from state to state and by property type. If you need legal advice go get it from a lawyer. Do not take the word of anyone hear because our advice is worth about what you are paying for it.

Reply to
Tom Horne, Electrician

Oren Now your closer to correct because you have specified the state under which the law will be applied. You do know that the Nevada law is not identical to the law in the other forty nine states don't you?

Reply to
Tom Horne, Electrician

You only got Fu@ked a little, hire someone else to finish the job. Check out

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for a guy that hired a really bad contractor. EVERYONE should read the tips section of this site, PRIOR to hiring a contractor. Good Luck!

snipped-for-privacy@hotmail.com wrote:

Reply to
chuckster

Yes, ever jurisdiction is different.

I've lived in four states and never once heard of a person owed money being able to take a person's home (foreclose) without some notice, civil action, etc.

I understand a lien, but I do not comprehend a contractor that is owed money being able to jump ahead in line of a mortgage lender that has interest in the property.

Foreclosure:

"The legal process by which an owner's right to a property is terminated, usually due to default. Typically involves a forced sale of the property at public auction, with the proceeds being applied to the mortgage debt. "

Lien:

"A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills."

Oren

Reply to
Oren

I wouldn't trust AHR either, including me.

But Norminn seems to make a good point. The painter knows or should know what it says on the can, and on the can it says he has to do the next coat within 30 days.

You may have come here to hear that you have more than 30 days, but in your dealings with the painter, you should assume the can is right, and that a job of adequate quality can't be done unless he finishes that next coat on time.

A suggestion I have never tried (In fact I hate and avoid doing business with anyone, so this is only theoretical, but it seems to make sense): If he wants two more weeks or a month, and if you're willing to do that, because he does a good job, etc, get an addendum to your contract for the extension with those terms that Thomas mentioned "Unless you have a written contract which states that failure to appear constitutes abandonment of the job, you are at risk. Unreliable is a value judgment on your part that will not hold up in court if he sues you for the entire contract price." That is, unless Thomas is off the mark get a deadline, so that when he doesn't show up the next time, you're totally free to hire someone else***.

Maybe you can agree on how much is owing at this stage if he doesn't do anything more. (Maybe he did a lot of scraping and a one whole coat, and only one coat remains, in which case more than half would be owed now.)

It seems to me, as the 30 day limit approaches, you have the upper hand in negotiating an addendum. Don't agree to pay more money, for example. If you want more work done, put that in a separate contract (with a deadline for starting and finishing.)

***BTW, afaik "unreliable" is subject to debate. He'll say the weather interfered, that you had no deadline, that the 30 days is put there to speed homeowners and is the most strict standard, but that in this climate with this weather, one has at least 60 days, and you had no agreement with him that he would paint every day, and he was coming back, and that his wife's sister/father died and they had to go to the funeral and make arrangements for her children.
Reply to
mm

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