How to fire my contractor?

[stumpfield]

You probably read my thread about "contractor disappeared". It's amazing what you can find out with just a phone call.... Anyway, I called the "only" sand/gravel/concrete company in the area. I ask to speak to the manager to inquire about cost of concrete, sand, gravel and etc because I'm about to start my barn and house building project. She said $125.75 per yard. I gave her my address and told her my property is 4 miles off the highway on a the single lane dirt road. Access could be difficult.... She said $125.75 per yard and that's the regular price. I ask her to double check to make sure she could deliver concrete to my properties.
She said: "I'm absolutely sure...I've sent a driver out to your property to check out the road...about 2 weeks ago, j**** came by to get a quote on a concrete job. I sent a driver to check out the road and I told him it's Ok. We'll deliver at no extra charge...." I ask what about standby time charges? She replied: "Standby time is $1.50/min but I don't enticipate any because you are not too far from the plant and we give you certain amount of time each trip. Unless something really screw up then you will be responsible of the standby time charges...."

So, my contractor lied. $141 per yard and $3 per min standby time charges.... He knew what's going on 2 weeks ago. He didn't pour the concrete as scheduled and avoided my phone calls. Left me hanging and throw my schedule off.... Re-appeared and gave me a story about the concrete price and delivery problems. He wants to add about $1100 in extra charges + $200 extra labor to his original bid. He really believe that I'm stupid or what? He probably didn't think I could find out with just one phone call away.

Anyway, what's the proper way to fire him? Just tell him don't come back?

 

[dmccarty]

Since he gave you the option for him to get his forms and he would walk away no charge, I would call him up and tell him to come and get them by some time that is convienient for you.

Move on with the project.

Later,
Dan

 

[deere755]

I would agree with dmccarty. He has given you an open opportunity to fire him. I would set a deadline for him to get the forms and move on with the project. Good luck

 

[Jstpssng]

I would agree with dmccarty. He has given you an open opportunity to fire him. I would set a deadline for him to get the forms and move on with the project. Good luck

Agreed. However call me paranoid, (recently bitten, twice shy) but I would reinforce that with a registered letter.

 

[CurlyDave]

Write him a letter and send it registered or certified mail, with a return receipt. Send him a second copy by ordinary mail and get a "receipt for mailing". The second one will be delivered even if he decides to play games and not sign for the first one.

Point out in the letter that he agreed to get his forms back and not charge you anything.

You need to have a written record of this so he is not going to cause any trouble in the future and it devolves into a "who said what" fight.

I would take advantage of the down time to make certain that the ground under where the slab will go is properly prepared -- you only get one chance at this and if it is wrong you will be regretting it for decades.

 

[3RRL]

It wouldn't hurt to make a call to the local Better Business Bureau and ask them what proper procedure would be. Also to whatever governing agency that controls the ethical behavior of contractors in your area. They might help you out?

 

[jpm]

luckly you caught this early in the project so your not in a real bind. As for firing him these are good suggustions. telling him !@## will made you feel better But is not the right way because he will talk to other contractors and tell them you are a !!!!!! good luck on the project

 

[Kubotasrking]

It may behoove you to pay $100 for an attorney for 30 minutes to draft the letter for you. The investment up front may prevent huge expenses down the road.

 

[DocHeb]

Video tape him every moment he is on your property removing the forms - you never know what type of "accident" might happen.

 

[Dusty]

I know that in the other post, I said to give him the benefit of the doubt, but that was before the rest of the facts have come out. I would also take KubotaKing's advise and have an attorney involved with sending the letter. Also pin him down to a date and time to get the forms. If he doesn't pick them up at that date and time, have the attorney advise him that you will be charging storage that must be paid prior to them being removed at a later date. One trick that I learned a long time ago is to get a uniformed police officer on the site when he is there. They will keep any confrontation from starting and are considered a independent witness if there is any court action. Usually you have to pay a few hours show up time to the local department, but it is well worth the cost if you have any further problems.
Also, keep in mind that you signed a contract with him, and he can still enforce the contract if you don't have anything in writing from him saying that there are going to be additional costs. If you fire him without consulting an attorney first, you are asking for problems later on if he counters that he was ready and willing to finish the job, but you fired him without cause. You already know that he is a liar, but you don't know how vicious he can get if you fire him. Cover all your bases beforehand. I'll bet that he has a few more tricks up his sleeve that you just haven't learned about yet.
Dusty