You probably know someone who has endured a renovation nightmare after hiring a contractor who did shoddy work on their home. Unfortunately, this is a common occurrence.
Nearly half of all homeowners have had a negative experience with a repair or remodel. Most homeowners say poor workmanship is the primary reason for their dissatisfaction.
In this article, we’ll look at five ways to deal with a contractor that does shoddy work.
Important: Compile All Documentation First!
First, before moving forward with any of the options mentioned below, make sure you have paperwork detailing the contractor’s transgressions and errors. Take photographs before work starts and at every stage of the project.
Also, keep all written communication with the contractor. This includes text messages, emails, and any photographs sent back and forth. For verbal communication, keep a log of every conversation and, if possible, get any crucial agreements in writing.
Compile any evidence of payment such as receipts or canceled checks. If you can’t prove that you paid the contractor, how can you recover your money?
1. Fire The Contractor
If a contractor does poor work or has abandoned your project, there’s no need to dig yourself into a deeper hole with them. Poor work will have to be redone by a competent contractor, and it may cost even more to undo shoddy work.
However, you’ll need all that paperwork you compiled as evidence for terminating their contract. Expect resistance from the contractor, so be ready to defend your decision when they demand payment.
Review the contract thoroughly for termination clauses and establish how much money you still owe the contractor, if any.
2. If The Contractor Is Bonded, File A Claim
A contractor can buy a surety bond policy from their insurance provider to insure himself or herself against client disputes. These bonds also protect you (the client) from poor or incomplete work.
If your contractor is bonded, contact their insurer to file a bond claim. Make sure you get copies of the contractor’s surety bond if they have one before you sign any contract because the contractor may stop answering your calls after you argue about their work.
If you file a bond claim, the bond policy will compensate you for your financial losses. Later, the bond policy will pursue the contractor for reimbursement, so, obviously, no contractor wants to see any bond claims filed against them.
3. Request For Arbitration And Mediation
If the contractor isn’t licensed, or if Virginia’s licensing board declines to address your complaint with the contractor, request arbitration or mediation. In mediation, the disputing parties can opt to ignore the mediators’ recommended solution, but a decision reached through arbitration is binding.
Thus, before signing the contract, review it carefully for dispute clauses. If the contract doesn’t contain a dispute clause, you can insist that it be added. You can even name a specific third-party arbitrator or mediator that both you and the contractor agree to use in case of a dispute.
This way, the contractor has no option but to accept mediation or arbitration.
4. Hire A Lawyer
If the financial losses you want to recover are higher than the small claims limit in your state, hire a fraud attorney to file a full-fledged lawsuit. However, suing a contractor should be your last resort.
That’s because the legal process is time-consuming, expensive, and may expose you to countersuits. But when a contractor takes your money and leaves your project incomplete or you don’t know what legal action to take regarding shoddy work, hiring a skilled lawyer to advise you and perhaps pursue them in court is an effective solution.
Our Virginia defense attorneys have an extensive understanding of contractor fraud and we can help you recover the financial compensation you deserve.
5. Post Online Reviews And File A Complaint
If all other options fail, you can at least file a complaint and leave negative reviews on public review sites.
For instance, you can leave a negative review at Google My Business, which many businesses and contractors use to manage their online presence across Google, including Maps and Search.
It’s imperative to note that leaving negative reviews on online review sites won’t help you get your money back, but at least you can prevent other property owners and investors from dealing with incompetent contractors.
Final Thoughts
If you’ve already hired an incompetent who does shoddy work, all you can do is follow the steps mentioned above and hope for a favorable outcome. But if you haven’t hired a contractor yet, do your homework to avoid having a nightmare experience.