SOS! Our contractor is threatening to walk out on remodel. Need advice...

[henslee]

2 weeks and 25,000. into the job on a kitchen/addition, the contractors have notified my best friend (a layperson) via email that the plans her architect provided are "no good" and they have to be modified immediately or they are walking. Contractor claim the job is taking too long. Meanwhile, they have not stated in writing specifically what is wrong with the plans nor have they ever tried to contact architect. My friend has not yet responded to their letter.

Here's my question, whether or not something is wrong with plans and she is no expert, isn't the onus on the contractor? They read the plans to bid and start the job. And now two weeks into it, they pull this crap.

My friend's initial reaction is to fire a letter back, asking them to articulate what specifically is wrong and to ask them why this matter was not brought up earlier and discussed with architect. Is this right course?

The contractors are bonded and are licensed, though we are not sure if that bonded means "completion" bond. We are in California. Any ideas?

[GOPisEvil]

1. Call the board that licenses contractors.

At least then you'll know what their professional responsibilities are.

[Ganja Ninja]

2. If it's not too late cancel the check.

Never pay up front for these types of projects. Pay as you go by having the contractor bill you for materials first then labor and always hold back at least 10% until the job is finished and you are satisfied.

Make sure you keep all copies of any correspondence with all the parties involved.

[OffWithTheirHeads]

3. I assume your "friend" has a signed contract

Sounds like a ripoff to me but, after a lifetime in construction I have learned that the most common and by far the biggest problem is a lack of communication. On the other hand, there are tons of unqualified and unscrupulous contractors out there. The Calif. contractors license test is not hard to pass and has little to do with construction competence.

I suggest you try non confrontational, non blame communication first. If that fails, do not hessitate to talk to a lier, I mean lawyer.

[wtmusic]

4. Wow 2 weeks @ $25,000?

That's an awful lot to put up to start...

What does she have in writing?

[radwriter0555]

5. Well the contractors have to say what's wrong, and what needs to be

modified, specifically.

Are they attempting to create a change order that will involve higher dollars? If so, this must be approved, per the contract. BUT in order to be approved, they have to say what the change is and how much it will cost.

It sounds slightly possible that they under-bid the job and are wigging out. We also have to assume they have not been paid their full amount up front, and are angling to increase their price.

The contractors should be getting with the architect to discuss the changes, before hassling the homeowner.

Then, sadly, if the architect and the contractor aren't in agreement, lawyers get involved.

It also sounds like the contractor is trying to put a lien on the house as well.

Everyone needs to sit down at the table, the architect, the contractor, the homeowner and iron this all out right NOW.

[DancingBear]

6. Contractor and architect must meet ASAP!

It is quite normal for architects and contractors to butt heads on projects - contractors work in "real life", while architects do not. By this I mean that architects know what they want, but contractors know if it is doable.

Even stating this, many contractors do not have the skill to put an architects vision into being, and they bitch and moan that this or that has to be changed, simply because they either a) can't do it or b) underbudgeted it.

Has your friend contacted the architect? if not, he/she should do that NOW. Don't expect the contractors to do it - they won't. All parties must meet - this is NOT uncommon.

And for goodness sake hold out at LEAST 10% of the final cost until the "punch list" is done, and the clients are satisfied.

[sundog]

7. did you give the contractor money up front?

never, never, never, never give a contractor money up front -- by nature 99.999% of them are scammers & cons (they can't help it-- it's in their blood)... if they don't have working capital to initiate a project, then don't use them

no payment till services rendered -- stand your ground, don't back down

have you signed a contract with them? again, i repeat, no money till project is complete -- make sure that is written into the contract

dealing with these creatures is always hell (they are very low on the evolutionary scale), but you must squeeze their nuts as tightly as possible, because is you don't, they will surely squeeze yours without a second thought

be sceptical of everything they tell you, these are generally not honest people...

[henslee]

8. yes money was given up front... And thanks everyone for responses..

Sorry i didnt get back earlier. Fell asleep.