How to get builder to "finish" so I can pay?

[Richard]

Title sounds strange doesn't it?

Added onto the house and now are done but for a relatively small punch list. We owe the GC about $3,500 and then we're done.

His punch list is made up of some stupid things, replace a window track they installed damaged (parts for free from MFG), couple switchplate covers (whoopee), maybe a little trash and a discussion/credit on materials for our deck to be stained (he doesn't want to do it but it was worded into the contract...we don't WANT him to do it now that we've seen his 'finish skills' so if he'll supply material, we'll do it)

He's been gone for about 4 weeks now. I can't believe that he doesn't have the parts in to fix the window track, presuming he in fact, ordered them

I'd like him out of my hair.

I was thinking it might be reasonable to send him a certified letter saying essentially, "you have 30 days from today to finish the punch list so I can pay you OR I'll use that as your confirmation that you are currently done and you do NOT want your last $3,500 payment"

I don't really want/need this stupid stuff to drag on for 4 more months (as I've learned over the last year, he's capable of disappearing)

Any thoughts as to how I can give him a kick in the hiney to get finished so I can "force him" to finish so I can pay him and be totally rid of him?

I can't belive he's not here weeks ago to finish this stupd little stuff. I also know from talking to his partner (soon to be former partner) that if he gets paid we will NEVER see him again. I thought about paying him just to be rid of him but...I'm already letting him off the hook on a couple things and am not going to tolerate him installing a damaged window (in addition to the damaged door and damaged subfloor both of which I'm living with) Accepting the damaged window, especially when the company will provide him for FREE, the parts to fix it, is simply more than I'm willing to do.

Interestingly, when this damaged part was shown to him, his attitude was "well, what do you want me to do about it, the window is already installed?"

Fortunately, I had already done the homework so we told him all he had to do was contact the company and they would provide HIM free of charge, the parts to fix it. They would not provide the parts to me since I didn't buy them (or so I understand). I'm not going to accept the damaged window installation just so I can pay to fix it when he can do it for the price of a phone call.

The silver lining here was, the GC is an idiot. His 'partner' is the one that did 99% of the work and did nice work AND is a great guy. We're going to hire his partner back (who also has a GC license) when we're done with this guy so the partner can do some more things around here that the wife wants done. He (the partner) also got a job at my wifes uncles house next door, new roof, deck, stairs... $20K job that the uncle didn't want our GC involved in.

The partner has already brought two clients/prospects out to our house to show them his handywork. My GC has mentioned he'd like to do the same (he doesn't know his partner has been out already). He also doesn't realize he's not going to be very welcome to bring his prospects out unless he wants them to hear the truth from me. I can assure you he won't want them to hear the truth

 

[txdon]

When was the last time you spoke with him and what was his response?

 

[wvpolekat]

I would go with the letter as you described. Put the ball in his court. Was there a contract on the job to start with?

 

[2manyrocks]

You need to check into how a "notice of completion" works in Tennessee. I think there is some procedure to send an official notice to the GC, and he has to respond in a limited time frame, maybe 10 days. If he doesn't, he loses his lien rights, etc. But you need to check into the specifics of how to do this because it's a very technical legal area.

 

[Charlesaf3]

make sure you get your permits and occupancy paper dealt with before you give him a cent....

 

[Richard]

I just received my certification of occupancy in yesterday's mail

He's been "gone" about 5 weeks however, this was while we were waiting to figure out some straps on the exterior of the house and waiting for the engineer to approve them (which I had to spend the energy to get done)

During this time, he COULD have been dealing with the punch list.

Frankly, I don't think he wants to deal with it. My only question is, does he not want to deal with it enough to simply walk from his final payment (which would be fine with me) OR, is he going to want payment while continually forgetting about these items, which is not ok with me.

It was such an interesting contrast talking to both the GC and his partner. The GC was always forgetful when it benefitted him and always laser sharp memory when it benefitted him.

We added a room in basement under the real addition which was to the kitchen above. The room below, my wife originally called a bedroom. Seems to be a bedroom we would need some septic field service (add a line) so the GC said "we'll call it a storage room" and the wife said "fine, I don't care WHAT you call it"

This is a room with four 3'x4' windows showing a view onto the fields of the farm, tile floor, 9' ceilings and a 6' opening into the larger (finished) room of the main basement. He later tried telling us this "turnkey" room was going to be left in block walls and concrete floor because it was a "storage room". My wife had fits at him, pointing out that SHE was describing it as a bedroom and it was HIS idea to call it a storage room strictly for the reason of 'skirting around' the septic tank issues. (I might add, this will never really be used as a bedroom, it's going to be my office which is what it should have been called from the START)

Nice thing about his partner, he was there for most of the conversations and essentially, worked on the GC, telling him "if you promised them you were going to do (such & such) then you need to do it"

The partner was there for these conversations (not documented I'll have to admit) and he wasn't going to let the GC off the hook since it would reflect on this guy too.

Basically, the partner is a very honest guy who believes in his word being his bond.

Today, this "storage room" is tiled, drywalled, can lights and painted.....turnkey, just like he was pitching it to us. Thankfully, we had his honest partner there as a witness to the entire ordeal.

 

[Western]

I agree with the "letter" , written within the perimeter of the law in your area, mostly as a defense to him possibly filing a lien against you later.

Sounds like he may be on vacation at the county jail based on your description of his character.

Good luck

 

[Richard]

Sounds like he may be on vacation at the county jail based on your description of his character

Then I should apologize for being lobsided. Although he will never do a job at my home again and I think he's a buffoon.... he had some redeaming qualities.... I've just not found them yet.

 

[TUG HILL ADDICT]

The letter is the way to go.

BUT...it needs to come from your attorney, not you.

 

[chh]

Ditto on TugHill's remarks. A letter from an Atty, will get his attention far more than a letter from you and you can find out your rights/options when you are setting up having it written.

We had a contractor working locally building Ag buildings several years ago that just walked away from his final payment is several cases. The banks would not approve the last draw until the final checklist was done(no matter how much he whined) and he was just to "busy" to come back and finish. A friend and neighbor of mine finished his list in 4 hours, after it was decided not to pay the contractor(through the bank and its legal advisor). It was mostly doornobs and piddly stuff. He thought 4 grand was pretty good "pay" for a mornings work.