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  1. #1
    Join Date
    Mar 2012

    Default When Can I Use Another Contractor to Finish Work

    My question involves a consumer law issue in the State of: Texas
    I have a contract that involved construction of two retaining walls in my sloped back yard, fill and flagstone upper one and fill and sod the lower. Also involved extending deck and building an arbor and some fencing. I do not have a construction time frame in my contract but he said it should take about 10 days (I assumed working days therefore two weeks). We are now going into week 10. The major work is completed, but quality is poor and I am continually pointing out defects. He has generally been agreeable but this is leading to endless delays. The contract does say he would remove and replace the sprinkler lines as necessary. They have attempted to do this but there are still issues. Also he did not account for sod on the side of the house which was torn up from construction traffic. They laid some there with large spaces which washed out on the first rain, they have move them closer, but it is still a patchwork and still washing out with rain.

    Is there a point when I can tell him I will hire someone else who can do this work correctly? And if so how do we have to agree on a deduction. i am sure he would not do this but I am tired of waiting.

    There are also many small detail items that are an issue, like the firepit. The gas valve was installed and limestone needed to be placed around it, this was done, but with the valve (key type same type as indoor fireplace) sticking an inch out instead of flush. It could have easily been correctly but would now likely entail breaking out a side of the pit and since this type of detail is not in the contract, can I insist on this? At contractors suggestion, they were to use flagstone instead of limestone for top of firepit so it would not stain as easily. Come home and it is limestone, plus outer edge has some pieces with rough texture and some that are cut (so flat and smooth). Again this detail is not in contract. I have photos and more details and contract if it helps.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: When Can I Use Another Contractor to Finish Work

    You may attempt to negotiate a price for "work completed to date", under which you release the contractor from additional duties; I don't know if you'll come to an agreement, but that's how you would begin to attempt such a process. Be careful, though, as it may cost more than you think to bring another contractor in to finish.

    I'm not going to speculate about the materiality of the valve sticking out an inch. I don't know if the flagstone vs. limestone issue was an informally discussed change, was actually written into the contract, or was formally written up as a change order.

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