Small claims suit - maybe?

[JCricket]

Hey folks,
I have recently done a ton of work on my house. One of the projects was to tear out a section of old fencing and replace it with a 3ft man gate and an 8 foot "vehicle" gate. The contactor has screwed things up from the word go. He set posts wrong so that it is impossible to get both gates, he put them too close together. His workmanship is probably the worst I have ever seen on any kind of job. I told him I wasn't happy and that a few things needed done. His immediate response was pay up, or I'll put a lien on your house and just eat my losses. I have never been to court on a small claims or any other issue. Does anyone here have an idea of the procedures? I imagine it is different from state to state.

Here are a few issues just to name a few. He set one of the post 10" deep into concrete, not the 24" of the industry standard. When he set the post, he dumped the powdered concrete into the hole and added water, no mixing or anything. After 30 hours the post fell over and the powdered concrete that was not curred came out of the whole. I re-dug the hole and set the post appropriate - he told I had no ideas what I was talking about and that I was lying. If I felt it needed fixed than I had to do it. The gate drags so badly that is nearly impossible to open. The list is so long I am not going to write more, rather I'll post a few pics,

Frustrated as heck over here.

[sheltiedave]

J, write up ALL the items on a hit list, including close ups and from a distance photos photos of all the misdeeds. Get a copy of all the items you contracted him to accomplish, and his estimate/bill.

Next, if you can, have a well established, reputable contractor come out to assess the "work" and submit an estimate of what he would charge to get everything finished to code, in a professional, workmanlike manner, and not this slipshod sheet.

Inform the fly by night contractor you would love to visit the court system, either in front of a judge or through binding arbitration, and that you have retained counsel. In all likelihood, you may have to pay his material costs to avoid the lien, but that varies by state and by whether he accomplished his tasks in a workmanlike fashion.

Don't be talking too much until you have consulted with the established con tractor and lawyer. I agree that looks like some real half ass.

[JCricket]

I have checked into the "workman like manner". He is not even close.

Here is a bigger concern. After he set the posts, I had a concrete pad poured up to the posts. It wasn't until he started assembling the fence that I found his "too narrow" problem and mistake. The only way to correct this would be to tear out the concrete and re-pour it. That alone would be $2k.

I was willing to let it go, and have him put in just the vehicle gate. But as bad as tings are, and the fact he is threatening to put a lien on my property, puts me into a defensive, self-protection mode. BTW- I gave him 50% down which has covered all of his materials.

I sent him a hit list of the things that must be corrected. His additional cost would a few hours of labor and maybe $40 in materials. All I really want is the dam gate fixed. If he doesn't do this, then I will consult with an attorney, and I will in all likely hood go after him for everything, including the concrete, and penalties for making me take him to court. I believe here in Colorado the penalty can be for up to 3x the amount of damages that are needed to be made whole.

[donquixote99]

Go ahead and try a small claims suit. Get an estimate from a reputable contractor to set everything right and sue for that, plus for all your further time and cost due to this turkey.

Be prepared for bunches of hassle, but maybe you'll get an award, and be able to get the sheriff to seize his truck or something to pay it.

BTW, his move will probably be to counter-sue you for an amount above the small claim limit. That will force you into 'regular' court, where you can't navigate without a lawyer and it will take forever.

(not legal advice I am not a lawyer)

[JCricket]

a few more pics

A pic of the concrete that came out of the whole after 30 hours
look at the upper right coner - he scabed in a picket next to the facia board.
upper left corner of gate, Facia board does not even cover picet

Last picket on the left is 1/3 - really?!!! What kind of ass does he think I am. Who would ever accept this??

[Oerets]

Get your pertinent facts together. Estimates and file a civil action. What will the worst case be? You pay them for the 1/2@ss work so far. They are planning on you rolling over and moving on. Do yo really think you are the first? Run a ad in a local weekly paper and see if any can be found. Talk to the local building supply store help also.

The contractor spent your money so it is gone. Getting a judgement and getting paid are two different things. The court will try and be fair given the evidence and testimony. Just be prepared to leave court a winner and a loser.

Barney

[MrPots]

I don't know what it is with contractors these days. They just don't give a shit. I have a newer house. Floors are uneven, floorboard creak and shift when you walk on them. The house actually flexes and works nails out of the drywall. Cracks in every corner, etc. I think back to my old house built in the 50's and wonder when contractors went stupid. Then I had the shed built last year. The guys who put it up were more interested in playing with their phone than a solid squared shed. I was pretty insistent with my complaint and their bosses fixed it. I had them completely remove the roof down to the trusses, and had the window and doors removed and squared in right. They weren't happy about having to do it but I was a dick about it and that seemed to work.

So I guess the moral is, be a dick about it.

[JCricket]

Originally Posted by Oerets

Get your pertinent facts together. Estimates and file a civil action. What will the worst case be? You pay them for the 1/2@ss work so far. They are planning on you rolling over and moving on. Do yo really think you are the first? Run a ad in a local weekly paper and see if any can be found. Talk to the local building supply store help also.

The contractor spent your money so it is gone. Getting a judgement and getting paid are two different things. The court will try and be fair given the evidence and testimony. Just be prepared to leave court a winner and a loser.

Barney

Right now he is telling me if I don't pay the balance of $500, he is going to file a lien against my home. If I go to court, I am going to ask the contact be nullified, this releasing me of the $500 he is requesting and asking for he $500 I paid him. I am also considering asking for an additional $2k for having to have the concrete torn out and re-poured so that the job is done the way it was supposed to be.

I have spent the last several hours reading up online about the Colorado process of small claims court. I can't see how I could possibly lose. Provided of course I go into it highly organized and documented.

I hired him off Craig's list. I kind of figured it is a simple gate, a small job, so I didn't check him out. He has numerous complaints against him on nearly every review board I can find. In addition to filing small claims, I am likely going to go to every zoning/permitting department in the front range area(Denver and every major city around it) and alert them to his shoddy work. I wonder if I pulled a permit now, what would happen???? Permits are not needed, but can be pulled, on old gate/fence construction as long as you are not changing it's footprint. New fences need permits.

[JCricket]

Originally Posted by MrPots

I don't know what it is whit contractors these days. They just don't give a shit. I have a newer house. Floors are uneven, floorboard creak and shift when you walk on the. The house actually flexes and works nails out of the drywall. Cracks in every corner, etc. Then I had the shed built. The guys who put it up were more interested in playing with thier phone than a solid shed. I got lucky though and their bosses fixed it. I had the completely remove the roof, window and doors and rebuild it right. They weren't happy about it but I was a dick about it and that seemed to work.

So I guess the moral is, be a dick about it.

I am going to be very polite, very insistent, and very assertive in a court of law if needed. I am also going to add a fact based statement to every review board I can find.

[MrPots]

I'm surprised you didn't check the review boards before you hired him.