In June there was a huge hail storm in my town

cmebDUCKs · #1 (**permalink**) 01-23-2008, 07:43 PM

roofs replaced - so I know the contractors are busy - it is now January (to cold to do any work) the contractor that we signed papers with just kept promising to come but never did - I have not paid him anything - he has not done any work other than meeting with the insurance adjuster and myself - He will NOT call me it has been about 3 months since the last time we talked and that is only because I have been calling him - CAN I GET RID OF HIM Legally?????
I called my adjuster already - they let you know that they can not give legal advise - but said I could write a letter to the contractor letting them know that I would be dropping them due to abandonment - but some contracters have charged 20% ($4000 in my case) when they do not get the bid??

m m · #2 (**permalink**) 01-23-2008, 07:45 PM

He didn't really abandon, just didn't show up. I would guess a certified letter stating that you have decided to go another direction would be your best bet. You didn't give him a downpayment, so you're clear there. I can't imagine a bill for an estimate, but he could attempt it I suppose. See if he advertises "free estimates". Besides, he can bill all he wants; doesn't mean you have to pay it. You could offer to pay him for a couple hours of his time. Lastly, was he referred to you by your insurance company? Let them know he was a "no show" Good luck. If there is licensing in your state, you could go so far as to file a complaint if he sends an exhorbitant bill.

Otto · #3 (**permalink**) 01-23-2008, 07:46 PM

Yes you can. I do not know what papers you signed with the contractor, but you should be able to send them a notice to proceed by a certain date. In this notice state that if project has not started by this time you will consider it a breach of contract. Which you will end and contact a new contractor to do the project. And take other legal steps as required

ijcoffin · #4 (**permalink**) 01-23-2008, 07:52 PM

Talk to your adjuster first.

dadcat00759 · #5 (**permalink**) 01-23-2008, 07:52 PM

You need to look at the contract you signed because on most legitimate contracts they will state on them that the price is only valid for a certain period of time usually thirty days if this is the case you are good to go because it is there contract and they broke it.
At that point ask them for another bid and do not accept it.
Then get other bids and go from there.