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What can I do about a contractor who is not keeping our verbal agreement?

I hired a contractor to complete a basement renovation in November, due to finish at the end of the year. The job is still not done, I haven't seen him in over a week. Can I terminate our arrangement and not pay him for the remainder of the work? I only gave him 1/3 of the total quote, and I doubt he's done that much work. Thanks for any suggestions!

Public Comments

1. I would not pay him anything he sounds like he has ran out on you. Find him and let him know in no uncertain terms he should come and finish or you will take further action. Also speak to him first then put it in writing from there out. That way you have some recourse if court is a future route. In the future use a licensed contractor with the state and get it in writing, detailed. Money up front should not be in my opinion. If they can't do the work and get paid after it's done they aren't worth it. i had a situation similar and learned very quickly everything in writing with dates.
2. you have no written contract. he has no written contract. case closed.
3. Cover your butt. Send a written letter stating that the work must be finished by a certain date unless you will find a different contractor and not pay for the remainder of the work.
4. After you agree price with such contractors, offer 10% bonus if he completes work with out advance. If he agrees give him the job.
5. The best thing is to ask a lawyer.
6. Sadly, not much because it was a verbal agreement. Definitely send him a letter telling him you will not pay further until the job is complete. Also, ask that the remainder of the job agreement be put in writing and signed by both you and him. Be sure to include a projected finish date on the agreement. Also, in PA, there is no such thing as a licensed contractor. The state does not monitor contractors. You can only go by word of mouth referrals - ask to talk to their past clients. Ask about previous jobs they've completed and go see them. Talk to the homeowners to find out about their experiences with that company. Stick to a company and not a "handyman". Look for professionalism and not a "pick up truck helper". You have the right to fire that guy and contract someone else to finish. Also, keep in mind, a lot of contractors will push projects aside to do others that may be making them more (or faster) money. Keep calling him - be polite and firm about what you want done. Don't get nasty if you want him to return and actually do the job right. Good luck!
7. Your subject to the Laws of your State. Since there is no written contract neither of you have a proof of the terms. A verbal agreement will not stand up in the court of Law. I would hire someone else to complete the job. Send the Contractor a certified letter advising them of their temination. Take pictures or video of what they have done for verification if it is needed. In most states if a contractor takes money and fails to provide the services it is deemed fraud. You might consider getting a copy of the check and file a fraud complaint with the prosecutor. The Contractor will more than likely be contacted by an investigator who will want to know where the money went - otherwords - be held accountable for the money you have given. Other things you can do is file a small claim and present your case in court - although you lack evidence. If the Contractor fails to show up for small claims court - you will win a judgement by default and can take measures to collect on the judgement. If the amount you have given them is beyond the amount to file a small clain you may have to have an Attorney file in Circiut Court. Another course of action you can do is to file a report to the Better Business Bureau. Report the Contractor to the Building Inspectors or Code Enforcement Official and local Chamber of Commence. Note: You may have evidence of proof of intended work if a Permit has been pulled for the intended work. Those are options I know you have - Consider a contract in the future - they add alot of clarity to issue like yours. Best of luck
8. Send a letter registered mail to the contractor stating your final terms and intents this way they cannot say they never got it because they will have to sign for it. Then if they do not meet your specs you did all you can at that point hire another and get the job done. Remember be nice so this does not come back to bite you later just state facts and what you expect.
9. Check to see if he is a licensed home improvement contractor. If not he is probably braking the law. If he is licensed the file a complaint with the licensing board. Also when you feel he has done as much work as you have paid him for tell him that he has violated your verbal agreement to be done by the end of the year and he is fired. You owe him nothing as he has reneged on your agreement.