bad contractor


  #1  
Old 03-03-04, 05:06 AM
rere2u2t
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Angry bad contractor

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I bought an passive solar underground home in Dec 2003. We had an inspection and found a leak and a rotten band joist on the north side of the house. It is less than 1 ft off the ground. The inspector suggested a contractor look at it and decide what should be done. The sellers paid this contractor at closing which was the 3rd of Dec. In Dec we had a lot of ice and snow and I went into the attic and icicles were hanging down where the contractor had torn off and replaced the plywood and shingles. The repair was only 3 weeks old and was soaking wet and black again. Contractor had also put a new gutter on and on the north side he put the brackets thru the new shingles. I called and complained that this may be the wet problem. He put another layer of shingles on this in 15 degree weather, had to chip off snow and ice to get to it. I have a bigger mess than I thought. The vapor barrier is messed up and the insulation (that was already wet and never originally replaced) is wet and moldy. The contractor of course is mad at me and told me it was a grading issue and that I did not pay him the sellers did, and he was not coming back. How can I find out who his insurance is through. OR WHAT CAN I DO.... they paid him 5600.00 for some plywood, shingles, flashing and the gutters and I have a bigger mess than what originally was there. HELP ME>>>>>>>
 
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Old 03-03-04, 07:05 AM
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Id go right to the real astate company that sold this to you .NOW
ED
 
  #3  
Old 03-04-04, 04:38 AM
rere2u2t
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Angry bad contractor

I did go to the realty co. back in January. She acted like she was working with me for the last 2 months. Now she says it is out of her hands that the real estate did not hire him, the sellers did. I think she has gotten them mad also. They haven't called me back. How can I find out who this contractor has insurance with or any other suggestions??????He is licensed by the state of NC
 
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Old 03-04-04, 08:50 AM
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I am afraid I may have bad news for you. If NC law is anything
like most other states, you will not have any recourse against the Contractor. He was hired to do something by someone else, not you. You had the right to pay for and have an Inspection after he did the work. Now don't get me wrong, it does sound like the Contractor, from what you say, MAY not have done a good job,
but you will not much if any recourse against him. My question is Did you buy a Buyers Protection Plan when you purchased the home ? This is exactly the reason they sell them. You may have some recourse against the sellers but this is if'y also. I am going to have OLD GUY, a forum moderator here read your question and give his opinion also. He is also a Real Estate Broker in the South. He may have some other answers. Just remember, if you go after someone, you will have attorney fees also and no guarantee you will win. Just a thought. I would just call another contractor. Good Luck
 
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Old 03-04-04, 09:13 AM
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Like Jack said whats the law there. Id calll the BBB and also the Realty Board there see what they say ED
 
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Old 03-04-04, 11:52 AM
rere2u2t
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Bad contractor

I did not purchase a protection with this home as I was under the impression by the sellers and the realty company that this would be completed professionally. I am sending you a pic of what the attic looked like 3 weeks after the REPAIR. Do you really think I cannot do anything about this. Have contacted the BBB and NC Contractor Licensing Board. Thanks for all your help.
 
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Old 03-04-04, 02:31 PM
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Cool

Consult an attorney immediately.
I agree with Jack that you may not have recourse directly against the contractor since you did not contract with him.
I think that your seller has the liabilty here, and the seller has the responsibility to pursue action against the contractor.
Your only recourse may be legal action against the seller IF they refuse have this problem corrected, and they then would have to take action against the contractor.
Since the seller made a good faith effort to correct the problem with that contractor, it needs to flow through them to him.
Have your attorney contact the seller and the agent. They're not really the problem....the contractor is, but he was working for the seller and that's who has to deal with the problem.
Good Luck!
Mike
 
 

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