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Old 09-12-2018, 08:16 PM   #1
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How to deal with a waterproofing mess


Hello all,

Greetings. We hired a contractor to waterproof our basement / foundation. He started off good, but now he is dragging the project on (which is really dangerous as we live in a hurricane-prone area), lying about when he is coming to our house which disrupts all of our scheduling and plans (we have caught him lying at least 10 times--insane!), and he even insulted us today. He's also upset because we don't want to pay him as much as he demands upfront. He has been paid more than half of the estimate by us.

My question is:
The way he has treated us is inexcusable. We are considering just telling him to stop working on the project and to not come back. The problem is he'll probably claim he's done more work and bought more materials than what we've paid him (even though we've paid him more than half, and he's not in the finishing stretches). How do we handle that? How do we know what is a fair amount to pay him? We don't know what our rights are, or what his rights are. He is not licensed and our agreement is verbal only--we never signed anything.

Thank you very much! We are stressed.
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Old 09-12-2018, 08:35 PM   #2
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Re: How to deal with a waterproofing mess


Yes, I agree with you, you are in quite a predicament from a legal stand point. I believe you are doing everything correct according to your verbal contract.

Laws very from state to state; So it's really hard to give legal advice over the internet. Check with your state's attorney general office in the morning of what your rights are. This may put you more at ease and less stressed.

I feel, because he is not licensed contractor, and this is a verbal contract with nothing in writing, your legal options may be limited, as it comes down to his word against yours. I hope everything goes your way and you can get some money back or basement fixed to your satisfaction.
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Old 09-12-2018, 09:10 PM   #3
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Re: How to deal with a waterproofing mess


If you have paid him 50% of the contract he should be 50% complete with the work. If he started out doing 1000 Sq. ? Ft. he should have 500 Sq. / Ft. completed. The material that he purchased is it stored on site or does he remove the material each day ? If he states that he has purchased say 20 gallons of a product check the data sheet & it will state the Sq. / Ft. of coverage does it match the amount purchased. Also if there is no written contract he could be considered a day laborer, is the amount he has been paid equal the hourly rate for the trade he is working in ? Keep a time sheet on work.
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Old 09-13-2018, 04:45 AM   #4
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Re: How to deal with a waterproofing mess


As jmon mentioned, your legal options may be limited, but the way I see it his are too.
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Old 09-13-2018, 05:20 AM   #5
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Re: How to deal with a waterproofing mess


I'd have told him if he didn't get it finished by a certain date I'd hire someone else [assuming his actual work is satisfactory]
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Old 09-13-2018, 07:36 AM   #6
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Re: How to deal with a waterproofing mess


If you have no written agreement, tell him to stop. Let him sue you. He can't win if he has no license. In fact, you can get a full refund. A friend told me that it happened to her brother. He had to refund all the money.
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Old 09-13-2018, 11:32 AM   #7
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Re: How to deal with a waterproofing mess


Thank you so much for your replies!
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Old 09-13-2018, 11:46 AM   #8
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Re: How to deal with a waterproofing mess


Quote:
Originally Posted by shunketsuxz View Post
Thank you so much for your replies!
What work is he doing, how far along is he, what is left to do?
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