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Recourse with contractor?
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tigergreen Offline
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Post: #1
Recourse with contractor?
I feel like we're SOL on this, but just in case someone has any ideas....

We hired a contractor back in the spring to scrape the 3 remaining popcorn ceilings in our house & paint those, and refinish our tile kitchen floor.

Everything looked great when the work was done, then a month later, the finish on the floor started coming off to the point that there is discoloration on the tile, and the grout started chipping off in chunks.

Per his instruction, no chemicals were used on the floor to clean it - just water & a steam mop.

My husband has tried to get him to come back out to fix it for months now. He'd pick a date, then not show. Then he'd pick a new date, & give an excuse to not come out.

After a couple of months of this run-around, I'm now calling him each day, and I've gotten our realtor (who recommended him) to call - hoping that he gets that she will stop recommending him if he doesn't respond to her clients.

Aside from doing the standard BBB report, since the work was paid for when it was done, are there really any options left, aside from just bugging the ever-living crap out of him?
07-27-2018 03:53 PM
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salukiblue Offline
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Post: #2
RE: Recourse with contractor?
You should write a demand letter and have a lawyer friend look it over.

https://www.thelegalseagull.com/write-gr...nd-letter/

That will at least make the person aware you are aware of a legal right you can pursue.

Worst case, you can file in general sessions (it's cheap to file) and you don't need a lawyer. If you are suing a corporation, they are required to have a lawyer.
07-27-2018 04:19 PM
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New Here 101 Offline
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Post: #3
RE: Recourse with contractor?
Threaten to put a lien on HIS house.

Not even sure if it's legal but it tends to get people motivated.
07-27-2018 10:31 PM
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kabluey Offline
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Post: #4
RE: Recourse with contractor?
Also, if he is licensed, file a complaint (or, in the spirit of other suggestions, threaten to) with the state licensing commission (ie registrar of contractors), or consult their website for further options.
(This post was last modified: 07-28-2018 12:38 PM by kabluey.)
07-28-2018 12:36 PM
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SayWhat? Offline
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Post: #5
RE: Recourse with contractor?
You need to be documenting the number of calls made, appointments broken, lots of pictures. You can file suit in small claims if $5000 or under. Even if he were to comply his rework will still be suspect. I mean after seeing the longer term result of his work would you hire him?

Sue him, you have given him enough time and he continues to blow you off. I have had to sue contractors on 3 occasions since 1980. For some it is the only thing that finally gets their attention.

Anyway write everything down, time, date, what was said, etc. Take pictures.
07-28-2018 03:40 PM
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Redbanksdog Offline
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Post: #6
RE: Recourse with contractor?
I wonder if your foundation or floor could be moving; or maybe a moisture problem.
Something tells me your house is on a conventional foundation?
07-29-2018 12:47 PM
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RE: Recourse with contractor?
File in small claims, then pick your favorite TV court show and apply. If you're selected you get paid, plus get a free trip.
07-29-2018 01:51 PM
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Redbanksdog Offline
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Post: #8
RE: Recourse with contractor?
Couple of photos would be nice.
07-29-2018 10:42 PM
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JTiger Offline
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Post: #9
RE: Recourse with contractor?
(07-28-2018 03:40 PM)SayWhat? Wrote:  You need to be documenting the number of calls made, appointments broken, lots of pictures. You can file suit in small claims if $5000 or under. Even if he were to comply his rework will still be suspect. I mean after seeing the longer term result of his work would you hire him?

Sue him, you have given him enough time and he continues to blow you off. I have had to sue contractors on 3 occasions since 1980. For some it is the only thing that finally gets their attention.

Anyway write everything down, time, date, what was said, etc. Take pictures.

x2 on this. Document everything if you haven't already and have a lawyer write a letter to the contractor. That may get his attention to come back and fix it. Unfortunately, you have to do this for everyone you hire just in case something like this comes up to cover yourself.

If you just bug the guy and complain, it is likely nothing will happen. Sounds like it is time to go to the next level with an lawyers letter. I don't think you need an attorney to file in general sessions
07-30-2018 08:33 AM
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tigergreen Offline
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Post: #10
RE: Recourse with contractor?
Thanks, all! I'll definitely be moving forward with the letter.
07-30-2018 11:18 AM
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TigerBill Online
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RE: Recourse with contractor?
(07-30-2018 11:18 AM)tigergreen Wrote:  Thanks, all! I'll definitely be moving forward with the letter.

I really wasn't kidding, by the way.
08-01-2018 11:32 AM
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BinghamptonNed Offline
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Post: #12
RE: Recourse with contractor?
(07-27-2018 03:53 PM)tigergreen Wrote:  I feel like we're SOL on this, but just in case someone has any ideas....

We hired a contractor back in the spring to scrape the 3 remaining popcorn ceilings in our house & paint those, and refinish our tile kitchen floor.

Everything looked great when the work was done, then a month later, the finish on the floor started coming off to the point that there is discoloration on the tile, and the grout started chipping off in chunks.

Per his instruction, no chemicals were used on the floor to clean it - just water & a steam mop.

My husband has tried to get him to come back out to fix it for months now. He'd pick a date, then not show. Then he'd pick a new date, & give an excuse to not come out.

After a couple of months of this run-around, I'm now calling him each day, and I've gotten our realtor (who recommended him) to call - hoping that he gets that she will stop recommending him if he doesn't respond to her clients.

Aside from doing the standard BBB report, since the work was paid for when it was done, are there really any options left, aside from just bugging the ever-living crap out of him?

Did anyone else get this ad in THIS thread?

JAMES BEARD is a Listed Mediator

https://www.thelawinmemphis.com/mediatio...gIIBfD_BwE
08-01-2018 11:39 AM
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BinghamptonNed Offline
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Post: #13
RE: Recourse with contractor?
(07-27-2018 03:53 PM)tigergreen Wrote:  I feel like we're SOL on this, but just in case someone has any ideas....

We hired a contractor back in the spring to scrape the 3 remaining popcorn ceilings in our house & paint those, and refinish our tile kitchen floor.

Everything looked great when the work was done, then a month later, the finish on the floor started coming off to the point that there is discoloration on the tile, and the grout started chipping off in chunks.

Per his instruction, no chemicals were used on the floor to clean it - just water & a steam mop.

My husband has tried to get him to come back out to fix it for months now. He'd pick a date, then not show. Then he'd pick a new date, & give an excuse to not come out.

After a couple of months of this run-around, I'm now calling him each day, and I've gotten our realtor (who recommended him) to call - hoping that he gets that she will stop recommending him if he doesn't respond to her clients.

Aside from doing the standard BBB report, since the work was paid for when it was done, are there really any options left, aside from just bugging the ever-living crap out of him?

Did anyone else get this ad in THIS thread?

JAMES BEARD is a Listed Mediator

https://www.thelawinmemphis.com/mediatio...gIIBfD_BwE
08-01-2018 11:39 AM
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SayWhat? Offline
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Post: #14
RE: Recourse with contractor?
(07-27-2018 03:53 PM)tigergreen Wrote:  I feel like we're SOL on this, but just in case someone has any ideas....

We hired a contractor back in the spring to scrape the 3 remaining popcorn ceilings in our house & paint those, and refinish our tile kitchen floor.

Everything looked great when the work was done, then a month later, the finish on the floor started coming off to the point that there is discoloration on the tile, and the grout started chipping off in chunks.

Per his instruction, no chemicals were used on the floor to clean it - just water & a steam mop.

My husband has tried to get him to come back out to fix it for months now. He'd pick a date, then not show. Then he'd pick a new date, & give an excuse to not come out.

After a couple of months of this run-around, I'm now calling him each day, and I've gotten our realtor (who recommended him) to call - hoping that he gets that she will stop recommending him if he doesn't respond to her clients.

Aside from doing the standard BBB report, since the work was paid for when it was done, are there really any options left, aside from just bugging the ever-living crap out of him?

Also you might check to see if he is listed on any of the contractor/repair service websites like Angie's List. If he is give him the negative report he earned the hard way.
08-01-2018 02:23 PM
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Southaven Offline
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Post: #15
RE: Recourse with contractor?
(08-01-2018 02:23 PM)SayWhat? Wrote:  
(07-27-2018 03:53 PM)tigergreen Wrote:  I feel like we're SOL on this, but just in case someone has any ideas....

We hired a contractor back in the spring to scrape the 3 remaining popcorn ceilings in our house & paint those, and refinish our tile kitchen floor.

Everything looked great when the work was done, then a month later, the finish on the floor started coming off to the point that there is discoloration on the tile, and the grout started chipping off in chunks.

Per his instruction, no chemicals were used on the floor to clean it - just water & a steam mop.

My husband has tried to get him to come back out to fix it for months now. He'd pick a date, then not show. Then he'd pick a new date, & give an excuse to not come out.

After a couple of months of this run-around, I'm now calling him each day, and I've gotten our realtor (who recommended him) to call - hoping that he gets that she will stop recommending him if he doesn't respond to her clients.

Aside from doing the standard BBB report, since the work was paid for when it was done, are there really any options left, aside from just bugging the ever-living crap out of him?

Also you might check to see if he is listed on any of the contractor/repair service websites like Angie's List. If he is give him the negative report he earned the hard way.
I’ve heard you can get good Angie list ratings by paying more.
08-01-2018 02:40 PM
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tigergreen Offline
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Post: #16
RE: Recourse with contractor?
After 3 days of me calling & texting every day, he finally texted back, saying he would call me today with a date to come out & fix the floor. I told him if I hadn't heard from him by lunchtime I'd reach out to him again.

As of 3 pm I had heard nothing, so I texted him, and supposedly he will be out at the end of this week to fix things......of course, we'll see how that goes.
If he's a no-show this time, I'll start on some of the steps ya'll have suggested.

Thanks!
08-01-2018 04:16 PM
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SayWhat? Offline
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RE: Recourse with contractor?
(08-01-2018 04:16 PM)tigergreen Wrote:  After 3 days of me calling & texting every day, he finally texted back, saying he would call me today with a date to come out & fix the floor. I told him if I hadn't heard from him by lunchtime I'd reach out to him again.

As of 3 pm I had heard nothing, so I texted him, and supposedly he will be out at the end of this week to fix things......of course, we'll see how that goes.
If he's a no-show this time, I'll start on some of the steps ya'll have suggested.

Thanks!

Consider that this is not a one day fix and he is coming at the end of the week. The entire floor has to be stripped, and redone with new tile.
Be sure to take lots of pictures before he starts, pictures during and again after he finishes. Write down everything that is said and discussed about what went wrong and what it will take to properly fix this. If redoing the whole job is not his remedy then don't let them do anything and get other opinions and estimates. Plus he can get the exact replacement tile right away because it is in stock and you won't have another delay because unfortunately they are out and won't have any for several weeks.
If he does not show up you need to get two or three written estimates from licensed contractors to repair his work. You will need this if you go forward with a law suit, especially if you go to small claims court. And also ask for a written statement as to what caused this to happen? You should play it safe and get these estimates before he begins (if that actually happens.)
08-01-2018 07:28 PM
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21-17 Best Time I Ever Ha Offline
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RE: Recourse with contractor?
Our small claims court is really called General Sessions Court, and I think it is more like at least a $10,000 cap on damages.

Yes, you can file a lawsuit there yourself, but since the law is complicated and 99% of laymen do not know the exact elements it takes to prove their case, and because the Judge cannot assist you in any way, if it is worth filing, it is worth hiring an attorney. The attorney will get you enough recovery to justify his fee. And usually, if you do not win the case, you do not owe the attorney.

I hope you had a contract in writing with the guy and I hope he is licensed and bonded in Tennessee. For this very reason, I would never hire anyone to do any work who is not licensed in Tennessee. Good luck!
(This post was last modified: 08-02-2018 11:24 PM by 21-17 Best Time I Ever Ha.)
08-01-2018 09:28 PM
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tigergreen Offline
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RE: Recourse with contractor?
(08-01-2018 07:28 PM)SayWhat? Wrote:  
(08-01-2018 04:16 PM)tigergreen Wrote:  After 3 days of me calling & texting every day, he finally texted back, saying he would call me today with a date to come out & fix the floor. I told him if I hadn't heard from him by lunchtime I'd reach out to him again.

As of 3 pm I had heard nothing, so I texted him, and supposedly he will be out at the end of this week to fix things......of course, we'll see how that goes.
If he's a no-show this time, I'll start on some of the steps ya'll have suggested.

Thanks!

Consider that this is not a one day fix and he is coming at the end of the week. The entire floor has to be stripped, and redone with new tile.
Be sure to take lots of pictures before he starts, pictures during and again after he finishes. Write down everything that is said and discussed about what went wrong and what it will take to properly fix this. If redoing the whole job is not his remedy then don't let them do anything and get other opinions and estimates. Plus he can get the exact replacement tile right away because it is in stock and you won't have another delay because unfortunately they are out and won't have any for several weeks.
If he does not show up you need to get two or three written estimates from licensed contractors to repair his work. You will need this if you go forward with a law suit, especially if you go to small claims court. And also ask for a written statement as to what caused this to happen? You should play it safe and get these estimates before he begins (if that actually happens.)

Yes; we definitely understand it will be a multi-day project to let the finish dry properly, etc.. He's not replacing tiles though, just refinishing the existing ones and re-grouting.
08-02-2018 12:26 PM
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tigergreen Offline
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Post: #20
Recourse with contractor?
For context:

Pic of floor before:
[Image: 14d88c3df8c303d5c89c8510563cdc8a.jpg]

When he was done, it looked perfect. A short while after completion, you can see the finish start to come off again, and the grout that was re-done start to crumble off.

[Image: aaf507125f17ad805d0ea9a7c5f4ab55.jpg]

[Image: 45059e222352d890b0432e4cf6b7ad3d.jpg]

[Image: bf02eddabcb38ff7febac7532289f83a.jpg]
08-02-2018 12:31 PM
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