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Hired The "Home Repair Contractor From Hell".. Can they sue/recover?

Discussion in 'Off-Topic' started by GlockJock, Aug 13, 2019.

  1. GlockJock

    GlockJock NES Member

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    OP here...If the contractor didn't get permits (he didn't, the city told my nephew) from the city (they're required in his city for the work that was done), won't that come back on my nephew? (have him re-do some or everything and get him jammed up for having "un-permitted" work??)..
    The "contractor" does indeed have (I just checked, now that I'm digging into this further to help the kid) has a Home Improvement Contractor License, also a Construction License, a Federal Employer ID Number, and an "OSHA approval Number"...
     

  2. GlockJock

    GlockJock NES Member

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    Can my nephew find out/research who this bum's insurance company is?...He must have insurance, given all the "Licenses" he has on file (see above), no?..
     
  3. GlockJock

    GlockJock NES Member

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    My nephew's wife has already said she'll spend every waking minute blasting and destroying the guy and his "business" if he doesn't refund their $$..
     
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  4. GlockJock

    GlockJock NES Member

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    see above for the breakdown of the $$$...And the contractor didn't pull any permits with the city. Nephew checked yesterday. (I know, I know...he should have checked the day they had started...)
     
  5. fencer

    fencer NES Member

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    For the love of Pete! Will you out the guy already so one of us doesn't hire him!
     
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  6. Manomet

    Manomet NES Member

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    Go here, read this. Massachusetts law about home improvement
    HIC program helps a homeowner set things right. expect it to take a year and not get complete satisfaction but its a start. If he has a CSL you or better yet the local building official can file a complaint against him with the Board of Building Regulations and Standards, lose your license and you can't pull permits or do the work, unfortunately in this case he doesn't seem to care. File a complaint against a licensed construction supervisor. This won't get any money or work done but it will definitely get his attention, maybe he will come back just so you will say nice things about him.
     
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  7. Wickedcoolname

    Wickedcoolname NES Member

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    Can he sue? Yes, anyone can sue. Can he win? Maybe. Can he collect if he wins? Who knows?..
    But, legit contractors, like me, are supposed to have a Construction Supervisor's License as well as a Home Improvement Contractor Registration, or HIC. The fee we pay for our HIC goes to a fund managed by the state so that victims of unscrupulous contractors can get financial remedy.
    I'm not sure what the process is to apply. All I know is that I pay the fee every year and every two years I pay for continuing education classes to maintain my license and registration. I'm betting your guy doesn't.
    I didn't read all of the posts but I'm guessing there was no building permit and therefore no inspections. If that's the case, good luck.
     
  8. Asaltweapon

    Asaltweapon NES Member

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    I’m not going down the hole. There is solid proof and reason to follow established MOA. Skinflints need to lose some skin in their minds to realize they lost.
    So many prospects. So little time.
     
  9. Mark from MA

    Mark from MA NES Member

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    This....although the interior of the house is older and some of the paint chipping and stuff is normal if trying to save the trim and pulling off stuff with lots of old layers of paint. It is a serious hackorama, starting with the inside, but the outside is just a fricking disaster and needs a reboot.

    And I know how you feel. I do home improvement stuff for my parents whenever needed. This weekend I replaced an older exterior door for them, simple pop out the frame/door of the old one and install the brand new prehung and lockset and deadbolt. basic two hour job.

    In that 2 hours, I had 4 different people drive by or come over and ask me to fix stuff others had done, because their door or windows didn't work right or leaked. Another guy stopped and knew I did my dads roof a few years ago and asked if I could do his.

    I'm like WTF....I have a day job, and I'm not even a contractor......
     
    Last edited: Aug 13, 2019
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  10. quincy

    quincy NES Member

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  11. boiler_eng

    boiler_eng

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    Probably a mixture of not being able to get someone to come out for small stuff and concern about getting quality fixes.

    Its not like any of the stuff is individually difficult, its a mixture of having the tools and being careful. Heck with sufficient oversight and quality control the 13 yo could have probably most of the finish work and have it look decent enough for most houses. (No offense intended to quality carpenters, I know the difficult part is doing it right the first time and at sufficient speed to make a profit.)

    Reminds me of when I got an alignment in college and the guy tried to upsell me on something while using a bunch of non-terms. I pulled out a vehicle dynamics book, opened to the diagram about suspension design, and asked him to point on the picture to WTF he was talking about. He mumbled something about needing to check with the manager, then came back with my keys and said "Uh yeah you are all set."

    I can only imagine what will befall my buddy that has no clue about how any tool works or how anything is built. He just has to nod along and wait for someone to give him a price.
     
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  12. GlockJock

    GlockJock NES Member

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    {OP here)... Went by nephew's house again this morning. Unreal... His wife has been crying for days but I showed her some of these texts that say it's not as bad as it looks, easy repair for a good contractor, but she's still absolutely dismayed that a "Pro" who was referred to them destroyed their house..

    She (they both) wonder should they actually, on top of civil court, also pursue CRIMINAL charges against the so-called "Contractor"? (vandalism? wanton destruction - not malicious cuz doesn't seem intentional or malicious, but certainly "wanton negligent".. Etc.. Since that (criminal) might be a more effective recovery tool than small claims or whatever. I really didn't know what to say since she's literally crying outwardly over the mess)...

    As bad as the pictures look, you don't get a real sense of the disgraceful work until you see it first hand. I feel so terrible for the kids, out all that money and have to pay someone else to fix the mess, etc.

    Do they file charges against the bum?...
     
    Last edited: Aug 14, 2019
  13. boiler_eng

    boiler_eng

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    Pardon my ignorance but can you personally pursue criminal charges? You can make a stink and file a report with the police but not clear you can push it that far without paying a lawyer to push it along.

    What do they want out of it? To see the guy in the stocks and throw rotten fruit at him? Sounds like the wife is looking for emotional vindication, even if he gets charged with something its not like he is going to get branded with a hot iron and shunned from the town.
     
  14. RumRunner

    RumRunner NES Member

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    She really should consult a lawyer to see what her options are. Also, please out the contractor!! An NES'r may be using or thinking about using this guy.
     
  15. Sparkey

    Sparkey NES Member

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    Listen out the contractor
    Lesson learned file complaints with licensing board Hire a lawyer if they want to waste more money.
    But crying all day about it is ridiculous. Nobody was killed house wasn’t burned to the ground.
    It’s just some shitty carpentry work.
    I personally would track this guy down and have “words “ with him
     
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  16. drgrant

    drgrant Moderator NES Member

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    Lol criminal as a recovery tool? [rofl] Not sure if serious, unless a skilled attorney is suggesting it for possible leverage, assuming this guy is
    worth anything at this point. If he's broke and spent the cash on hookers and blow, none of this matters. Also even if he had all the money, you know how long 15 grand lasts when talking in attorney terms? Maybe a few days... [laugh]

    The only way crim charges would fly here is if the guy took the money and ran, then you can point and say "fraud" "theft" etc. Doing shitty workmanship is a civil matter.

    Even if putting the guy in jail was possible, it's not going to unf*** her windows.

    -Mike
     
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  17. arcticzr600

    arcticzr600 NES Member

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    Talk to a construction lawyer and see what they say. I was screwed by someone but it was for much less $ and would have exceeded lawyer fees. The contractor threatened to sue me up, down and sideways when I told them I was unhappy with their work so I talked to a lawyer to protect myself

    Two lawyers I talked too echo’ed what most said, even if you win in court getting money can be impossible from these kind of people. It’s a awful feeling
     
    Last edited: Aug 14, 2019
  18. buckfarack

    buckfarack NES Member

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    You beat me to it. You can file a claim against his insurer for damage he caused to your property. I didn't go through the pics and am not handy or good at evaluating construction stuff, but if there's actual damage to your home caused by the contractor you could file a claim against his insurance company. They won't pay for non-performance or dissatisfaction w/ the work but if there's actual damage to the home, that should be covered. If your nephew got a Certificate of insurance his carrier/policy information is on there, shouldn't be too hard to find a company claim number. If you want to message me the Certificate of Insurance I can see if it's one of my carriers or if I can find a number anyway. If your nephew didn't get a copy of a Certificate of Insurance, if the guy pulled a permit w/ the town they should have a copy. I suspect that the threat of putting in a claim (assuming he has insurance) may be enough for him to make things right. Also, you mentioned he had helpers, ask for a Workers Comp certificate or tell him you'll report him to the Division of Industrial Accidents for not having comp insurance (you can say you understood that you were hiring a sole proprietor w/ no employees but the guy had helpers with him, and one was underage). Again, hopefully the threats of doing this will be enough for him to make things right.

    Len, in general the reason you want a Certificate is if the guy does damage to the house or causes injuries while doing the work. Often, the damage is something that may manifest itself later, like a faulty electrical job causing a fire or a bad plumbing job that causes water damage down the road. Those are the main reasons for insisting on an insurance certificate. If they have employees you want to get a Workers Comp certificate in case their employees get injured on the job because they might come after you (your homeowners policy) otherwise.
     
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  19. Asaltweapon

    Asaltweapon NES Member

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    Guys.

    Going the lawyer route is just going to add insult to injury by spending more money not to mention its going to get extremely expensive and take a very long time. Civil cases just suck.
    The BI's office can make his (GC) life a living hell and get his licenses suspended and it's all 100% doable by him providing a building permit was issued. The HO's can also file a complaint against the GC as well.

    I still want to know how somebody spends this much money on shitty work and says nothing along the way. It's not like it happened in a single day.
     
  20. GlockJock

    GlockJock NES Member

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    Well, if you knew my nephew's very Sicilian wife? Believe me when I tell you: Putting the guy in the stock, throwing rotten fruit at him AND having him branded with a hot iron would be some of the more "mild" things she'd like to do to the bum... She'd probably like to see him drive up to a toll booth (like in "The Godfather") and have him literally blasted from all sides (with her pulling an Uzi trigger herself, finishing off the Swiss cheese look LOL).

    She's absolutely devastated that "my house is destroyed!!" (and I can't say I blame her, when you look at some of the damage that was done) and she would probably, honestly, kill him with her bare hands, if given the opportunity. I'm not kidding. She's literally furious (when not crying from the disappointment and horror of the horrible work the guy did)....

    Just sayin'...
     
  21. GlockJock

    GlockJock NES Member

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    I'm told that "outing the contractor" prior to any court proceedings is NOT what we (they the nephew and wife) should do. Apparently the contractor can actually countersue for, among other things, slander, ruining his "business", etc etc etc
     
  22. boatman

    boatman

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    It's 15k. As I said before, the only court you can go to is SCC to get the max limit of 7.5k. No lawyer is going to touch this case for a 15k settlement unless it is a kid who just graduated from the very bottom of bottom 5 tier law school and has no chance of ever getting a job. They typically take 1/3, that would be 5k. No judge is going to let this case suck up court room time either, he will tell both attorney's to settle at the deposition stage.

    HIC, and SCC if you want something done.

    Actually, just the threat of this, showing the work to the BI in town so he can't get another permit to do another job in town should either have him running to fix the job, or refunding the money so they can get another contractor.

    You want to win the war, not each battle. To crater a building you don't need to pulverize each brick, you just need to take down the main support column. I can keep going with these, but you get the picture.
     
  23. robjax

    robjax

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    even a friend of a friend I am checking references.

    Were references checked? How about Angie's List?

    replacement windows why not go to rite window? They wouldn't do my job because I needed a wall cut out. But for replacements they are all over it from what I hear.

    I use Pella. Others use Renewal by Andesen.

    I had a door put in about two years ago. Had issues with the screen door. They kept coming back until it was resolved. I was never pushed off nor did they make me feel like a bother.

    Maybe I paid more money but the install was flawless. And they stand behind their work and product.

    People like this contractor ruin it for the rest for people like me and that's why I use the bigger companies and pay a little more.
     
  24. boatman

    boatman

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    I would not use Renewal by Anderson. They have Anderson windows that are 2x what it will cost you to go to an Anderson window dealer, buy the windows, and have them installed by a contractor.

    I used Anderson windows to replace windows from 1950. Asked Moniyham Lumber for a list of contractors, got 3 bids, bought the windows and had them do it. Was literally half the cost of the Renewal for the same window. Moniyham vets their contractors, they want people coming back to buy kitchen and bathroom cabinets etc. If a contractor is no good, they won't keep them on their referral list.
     
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  25. zboys

    zboys NES Member

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    That's BS, scumbag contractors are not going to spend the time and money defending what they know us true.
    By Not outing him, you are enabling him to continue screwing others
     
  26. Manomet

    Manomet NES Member

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    What the contractor did here has no bearing on applying for a permit on another job.
    This whole thread is starting to smell a little.There has been plenty of sound suggestions and advice but the OP just keeps fanning the flames instead of relating steps that are being taken.
     
  27. watchman

    watchman

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    Ok this thread is way to long. Go to the building dept he is required to pull a permit not your nephew. Your nephew doesn't get in trouble for a contractors inept work abilities. The building inspector will call the guy to the line. Find a different carpenter with a good reputation "ask building inspector for a referral" to make the repairs.

    Finding a good carpenter/contractor to repair the work will be extremely difficult since most don't want the headache of repairing crappy work. A referral from the inspector will go a long way with a contractor if he wants to stay in his good graces. Chances are that contractor will call the inspector and he will pull the I feel bad for them help them out lean on shoulder story and they will buckle. The inspector will owe them, they will stay in good graces with inspector and homeowner will be thankful.

    I know you think it doesn't work this way bet your wrong cause I know.
     
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  28. grey

    grey

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    If anyone out there encounters this in the future, hit the brakes when you see window one or two turn out like steamed garbage.
     
  29. Asaltweapon

    Asaltweapon NES Member

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    My BI did 110% bring a POS contractor to the board and his license yanked. That’s what he is paid for.... to protect the unknowing homeowners HE works for.
    The stuff this kid did including pouring a foundation over frost was just the start of a nightmare.
    I should know as it happened in a subdivision I did.
     
  30. GlockJock

    GlockJock NES Member

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    Track the guy down and "have words with him"??..In Massachusetts? The guy will probably say he's butthurt, traumatized, has to stop working and cuddle with Mommy, needs a psychiatrist in order to go back to contracting, and sue my nephew....(and in this state, probably win)...Oh, and they'd promptly try revoke my nephew's LTC (y'know, for "having mean words" with someone) LOL
     

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