NEED TO FIRE THE SUB FROM HELL

Posted by Tim on June 21, 2009, 1:08 am

Maybe I've been lucky, I don't know. I have never had to can a sub until
now. This guy is so full of himself, it'd fool anyone. He has licenses,
insurance, bonding, etc. so all looks legit, but what a hassle. All was good
until we hit some delays caused by the homeowner. Hey, the homeowner wants
to order handmade things that take weeks and it holds things up, what can I
say? My contract says I can't be held liable for delays not caused by me,
and I have had no hassles with the homeowner whatsoever. They are really
good people. So I give the guy a weeks notice of when to come back, no show,
no calls, nothing. I fax, I call, I email, I text, nothing. Finally, I
threaten to report him to the contractor board and he calls and says he'll
be there tomorrow. Nothing. This goes on a week. When he finally does come,
he does crappy work. Sheetrock with big bubbles in the tape, etc. He
installs an expensive hydro tub for me and installs it wrong to begin with,
then he nicks the fiberglass drilling the holes to secure it to the studs.
When I tell him he screwed up, he denies everythng, naturally. I need to
toss this guy out.

What stops me is that we have a contract for the work. He is probably 70%
through with the work but the rest is finish and he'll just screw that up, I
guraantee. Install expensive cabinets? Set expensive fixtures? NO WAY, JOSE.

Any suggestions on how to toss the guy out without running into contract
issues? What I'd like to do it to pay him fior what he has done with the
amounts off his bid (minus any backcharges). Then just tell him goodbye. Any
other ideas? Report him to the contractor board? Scare him like that?
Anybody have a similar experience?

Thanks

Posted by PeterD on June 21, 2009, 8:29 am

wrote:

...

>What stops me is that we have a contract for the work. He is probably 70%
>through with the work but the rest is finish and he'll just screw that up, I
>guraantee. Install expensive cabinets? Set expensive fixtures? NO WAY, JOSE.
>Any suggestions on how to toss the guy out without running into contract
>issues?

Without seeing and reading the contract there is *no* way anyone here
on this group could give you any meaningful advice.

All the questions you ask should be in the contract: quality of work,
promptness and responsiveness, non-performance, termination, etc.

Instead of asking Usenet users (who are a great, and only slightly
opinionated bunch of people) ask your lawyer who drew up the contract.

Posted by Tom Cular on June 21, 2009, 9:52 am

> wrote:
> ...

>>What stops me is that we have a contract for the work. He is probably 70%
>>through with the work but the rest is finish and he'll just screw that up,
>>I
>>guraantee. Install expensive cabinets? Set expensive fixtures? NO WAY,
>>JOSE.
>>Any suggestions on how to toss the guy out without running into contract
>>issues?

> Without seeing and reading the contract there is *no* way anyone here
> on this group could give you any meaningful advice.
> All the questions you ask should be in the contract: quality of work,
> promptness and responsiveness, non-performance, termination, etc.
> Instead of asking Usenet users (who are a great, and only slightly
> opinionated bunch of people) ask your lawyer who drew up the contract.

Peter has it right, without seeing your subcontractor agreement, no one can
comment intelligently. A typical AIA agreement provides for a 7 day notice
of failure to perform, then a second 7 day notice. With that system (piss
poor) , if the contractor acts to correct the situation within 14 days, the
clock starts all over again. My employer has a subcontract agreement that
provides for (ONE) 3 day notice. If a sub fails to perform as agreed
there's a darn good chance that on the fourth day, someone else will be
doing the work.

That agreement is modeled after the AGC Standard Subcontractor Agreement.

Normal and accepted practice would dictate that the Sub be paid for any and
all acceptable work and materials that they have completed or purchased to
date, payment for unacceptable work may be withheld, but will be subject to
legal scrutiny if it goes that far.

Any solution you can arrive at without going to court and satisfying your
client is probably a good one.

Tom

Posted by jloomis on June 21, 2009, 9:36 am

If your contract states anything about quality of work you should have
grounds to replace him with another more qualified sub contractor.
Even if the contract states installation of said items, with improper
installation I would concur the contract broken regardless of the delays.

I am a General Con. in Calif. and have had some slip shod work done by a
plumber and I tell you, I understand the dilemma.

Sometimes a "Real Conversation" with the contractor in question......1 on 1
Explain your point, site specific examples, and tell him you are not
satisfied with the work!
Good Luck
jloomis

> Maybe I've been lucky, I don't know. I have never had to can a sub until
> now. This guy is so full of himself, it'd fool anyone. He has licenses,
> insurance, bonding, etc. so all looks legit, but what a hassle. All was
> good until we hit some delays caused by the homeowner. Hey, the homeowner
> wants to order handmade things that take weeks and it holds things up,
> what can I say? My contract says I can't be held liable for delays not
> caused by me, and I have had no hassles with the homeowner whatsoever.
> They are really good people. So I give the guy a weeks notice of when to
> come back, no show, no calls, nothing. I fax, I call, I email, I text,
> nothing. Finally, I threaten to report him to the contractor board and he
> calls and says he'll be there tomorrow. Nothing. This goes on a week. When
> he finally does come, he does crappy work. Sheetrock with big bubbles in
> the tape, etc. He installs an expensive hydro tub for me and installs it
> wrong to begin with, then he nicks the fiberglass drilling the holes to
> secure it to the studs. When I tell him he screwed up, he denies
> everythng, naturally. I need to toss this guy out.
> What stops me is that we have a contract for the work. He is probably 70%
> through with the work but the rest is finish and he'll just screw that up,
> I guraantee. Install expensive cabinets? Set expensive fixtures? NO WAY,
> JOSE.
> Any suggestions on how to toss the guy out without running into contract
> issues? What I'd like to do it to pay him fior what he has done with the
> amounts off his bid (minus any backcharges). Then just tell him goodbye.
> Any other ideas? Report him to the contractor board? Scare him like that?
> Anybody have a similar experience?
> Thanks
>

Posted by ransley on June 22, 2009, 8:22 am

ood

> until we hit some delays caused by the homeowner. Hey, the homeowner want=

> to order handmade things that take weeks and it holds things up, what can=

> say? My contract says I can't be held liable for delays not caused by me,
> and I have had no hassles with the homeowner whatsoever. They are really
> good people. So I give the guy a weeks notice of when to come back, no sh=

ow,

> no calls, nothing. I fax, I call, I email, I text, nothing. Finally, I
> threaten to report him to the contractor board and he calls and says he'l=

> be there tomorrow. Nothing. This goes on a week. When he finally does com=

> he does crappy work. Sheetrock with big bubbles in the tape, etc. He
> installs an expensive hydro tub for me and installs it wrong to begin wit=

> then he nicks the fiberglass drilling the holes to secure it to the studs=

> When I tell him he screwed up, he denies everythng, naturally. I need to
> toss this guy out.
> What stops me is that we have a contract for the work. He is probably 70%
> through with the work but the rest is finish and he'll just screw that up=

, I

> guraantee. Install expensive cabinets? Set expensive fixtures? NO WAY, JO=

SE.

> Any suggestions on how to toss the guy out without running into contract
> issues? What I'd like to do it to pay him fior what he has done with the
> amounts off his bid (minus any backcharges). Then just tell him goodbye. =

Any

> other ideas? Report him to the contractor board? Scare him like that?
> Anybody have a similar experience?
> Thanks

So he leaves because of no supplies and you expect him to just walk
off his next job to come back and screw his present customer? He
nicked holes that you wont ever see, and bubbles in tape are
irreparable? I think you are new to this and a pain in the ass, he
probably wants to leave you, ask him and pay him what he wants.

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