Would you expect anything?

[sugarbear1]

I'll try to be succinct.
Split up with exH June 2020. Refinanced my house and pulled out cash to build an ADU, where exH lived for two years (ML mostly agreed then that this was a crazy plan but aside from my current woes, worked out really well). 

The contractor was awful, but was a friend of a friend, has excellent references, etc. I honestly did not check if he is insured but I am SURE he is. If it matters, he owns a commercial construction company and did my job as a favor and to fill in hours for his subs. (Edit: his commercial company is licensed and insured. I don't know if these also apply to residential work.)

All told, I have paid him $130k. 

My house is leaking, again. Here's the email I have drafted to him:

Jake and Chris,
Last time we spoke, you’d asked for a copy of the invoice for the work required to re-do the electric in my upstairs studio, implying that you would pay me back. I have not received that payment yet. I wanted to keep you updated on all the additional work I have had to do since.
*Replace electric ($1700)
*Fix leaking shower: You told me several times that this was the fault of my tenant, who was not using the shower curtain correctly. I caulked the drain, which had never been caulked, and solved the problem. The ceiling, however, remains discolored from the water stains.
*Fix leak in ceiling above kitchen. You already did this last winter, and assured me that the problem was solved, though you did not tell me the origin of the leak.
*I had to rebuild the upstairs door jamb, which was almost entirely rotted. ($1500)
*The light in my stairwell still does not work.
*Fixtures and the outlet in the bay window addition have never been finished.

My kitchen ceiling has ended up on my floor, again. It is the exact patch from the repair you did last winter. I brought in another contractor to look at it and the scope of work is extensive. It was not fixed last winter, and can be tied to the flashing at the bottom of the studio door. This was placed on the inside of the door, so that all the rain runs down the door and into the door jamb and surrounding flooring. This repair, which includes both sections of ceiling in my kitchen, will cost $13k. I received the estimate today and will move forward with the repair. This will also displace my tenant, which will cost at least $1000 of lost rent.

Aside from the work that was never completed, I’m frustrated that I’ve now had to spend almost $20,000 to fix work that was done three years ago.

Honestly I do not even expect a reply (or a dime) from them, but I want them to know that I am beyond angry. Should I even bother sending this?
 

[jlt19]

Have you talked to an attorney? I’d be telling them that’s your next step and follow through!

[mcppalmbeach]

Oh good God. I would be so pissed. I would consult with an attorney. That is a lot of money.

[sugarbear1]

Jan 3, 2024 18:11:31 GMT -5 jlt19 said:

Have you talked to an attorney? I’d be telling them that’s your next step and follow through!

No. I'm trying to spend LESS money
So would you add to the bottom of the email something like, "I will look forward to a payment of $17,200 by xx date. My next step will be to contact my attorney."?

[InBetweenDays]

Was the work permitted and inspected?

[sugarbear1]

Jan 3, 2024 18:24:08 GMT -5 InBetweenDays said:

Was the work permitted and inspected?

No, but not nefariously. The scope was such that it did not require permitting.

[k3am]

An entire ADU didn't require permitting??

[sugarbear1]

Jan 3, 2024 18:33:35 GMT -5 k3am said:

An entire ADU didn't require permitting??

No. It was a dormer, and the whole space is tiny (about 350 square feet). I went as big as I could without requiring a permit. 

[shopgirl07]

I would send it and close with “Please let me know by x date what you intend to do to make this right.”

[InBetweenDays]

I wonder if there is some recourse since it sounds like they didn't follow code? (With the flashing at least). Could you threaten to make a complaint to the Department of Construction and Land Use or whatever governs their license? Although that may be tough if you aren't sure their license is good for residential.

But in general I think it can take a lot of money and hassle to get anything from them if they aren't willing.

[InBetweenDays]

Jan 3, 2024 18:50:38 GMT -5 shopgirl07 said:

I would send it and close with “Please let me know by x date what you intend to do to make this right.”

I agree with this. I wouldn't specify a dollar amount, but would ask how they plan to make it right

[wanderingback]

As someone who is in the process of suing a contractor, no I wouldn’t expect anything unfortunately. And the reason we needed a contractor in the first place is cause the contractor building a house next door (row house, so attached) messed up the whole front of our house. Yes we tried every avenue to go after that contractor but nothing came out of it.

Anyway, we have found a new contractor that has fixed everything and that we trust.

However, after this experience I’m highly skeptical of any contractors and wouldn’t expect anything.

We were able to get some money back from the contractor we’re suing because he (stupidly on his part) accepted Amex as payment. So we paid with Amex and paid it off and Amex reviewed our case and reversed the charges.

I’m sorry you’re going through this. It’s the worse.
There’s so much building happening in the city where our house is and we’ve read reports of people having to move out their house cause of damages that contractors have done (our house was barely liveable for about 9 months, thankfully we have an apartment in another city). It’s so fucked up.

Sorry that was a tangent but wanted to be realistic with what I’ve experienced and have seen others go through.

[jwright]

Did you hold back payment on the items that were never completed? You can file a lien on the business property or his home at little cost.

[thebreakfastclub]

$20k is not worth retaining an attorney.
It's a lot of money but so is a lawyer.

What I would do instead is pay for an hour of an attorney time to look at your note and give you feedback on how to edit it and ask for the $. You would need to pursue it in small claims court.

[deadwing]

Jan 3, 2024 18:36:47 GMT -5 sugarbear1 said:

Jan 3, 2024 18:33:35 GMT -5 k3am said:

An entire ADU didn't require permitting??

No. It was a dormer, and the whole space is tiny (about 350 square feet). I went as big as I could without requiring a permit. 

$130k on 350 Sq ft that isn't a freestanding building is blowing my mind.

[bittybomb]

In my jurisdiction, small claims max is 5k. Plus also you would need to have a contractor come in and testify as an expert that this contractor did shoddy work. I don't think it would be worth it to pursue it. I'm sorry - that sucks. I presume your contract (do you have one?) doesn't specify any kind of warranty?

[bittybomb]

Jan 3, 2024 19:06:55 GMT -5 deadwing said:

Jan 3, 2024 18:36:47 GMT -5 sugarbear1 said:

No. It was a dormer, and the whole space is tiny (about 350 square feet). I went as big as I could without requiring a permit. 

$130k on 350 Sq ft that isn't a freestanding building is blowing my mind.

A dormer not requiring a permit is blowing mine.  In my village, it feels like we need a permit to change a light bulb lol.

[7costanza]

Any chance you signed up for a legal plan through your employer? We came very close to suing a contractor in 2021 and were able to consult with an attorney for free through mine. He ended up finishing the project (though the work is pretty poor), so we didn’t have to actually file anything.

I agree with ending the email with asking how he plans to make you whole. I’ll be surprised if you get anything out of him but it’s worth a try!

[livinitup]

Yes, you should document in writing your damages and request payment. As a paper trail. It’s important and may be significant in ways down the road.

I would not expect him to give any shits or to write you any checks unless forced.

To me, your language is too soft. I really like the suggestion to pay for a lawyer or some such professional edit.

You may get the max in small claims court. Better than nothing and worth your effort. You may be able to cost him time and hassle. Even hurt his business license or reputation. Also worth your effort.

[InBetweenDays]

Jan 3, 2024 19:06:55 GMT -5 deadwing said:

Jan 3, 2024 18:36:47 GMT -5 sugarbear1 said:

No. It was a dormer, and the whole space is tiny (about 350 square feet). I went as big as I could without requiring a permit. 

$130k on 350 Sq ft that isn't a freestanding building is blowing my mind.

That price per square foot is on par with my area. But I'm fairly certain a permit is required for any ADU here - both for the city (construction permit) and the county (for sewer capacity calculation/charge).

[fiddles]

Did the contractor tell you you didn’t need a permit or did you research that? I believe you may be local to me and it’s my understanding that any changes need permits.

If you have EAP through work they typically have a legal aspect you could use. If you don’t have EAP, is there local legal aid you could ask about?

[cuadrado]

A similar scenario happened with one of our friends and after a threat to sue in small claims court and report the contractor, the contractor did opt to pay our friends in full.

Also FYI, you can consult with an attorney and have them send a letter without actually retaining one. I've done this before and it wasn't too costly. Sometimes receiving a formal letter from an attorney is enough to inspire someone to fix the situation, and the contractor won't know that you haven't actually retained the attorney.

[pixy0stix]

Any addition attached to the house (even if it's a pergola roof) requires a permit here. Are you absolutely sure you didn't need permits?

ETA: There's plumbing? There is absolutely no fucking way that permits aren't required.

[sofamonkey]

If I’m reading this right, you still need permits. But who knows, maybe I can’t read. LOL

www.seattle.gov/sdci/permits/common-projects/accessory-dwelling-units

[pixy0stix]

I think the first step would be to go to the building dept and file whatever it is they need for permits after the fact. Then have them inspect and tell you everything that's wrong with it. I'm going to guess it's pretty substantial.

[sugarbear1]

Jan 3, 2024 19:06:55 GMT -5 deadwing said:

Jan 3, 2024 18:36:47 GMT -5 sugarbear1 said:

No. It was a dormer, and the whole space is tiny (about 350 square feet). I went as big as I could without requiring a permit. 

$130k on 350 Sq ft that isn't a freestanding building is blowing my mind.

Sorry. He did a lot of other work inside my main house too, none of it structural or requiring permitting.

[pixy0stix]

Jan 3, 2024 22:53:13 GMT -5 sugarbear1 said:

Jan 3, 2024 19:06:55 GMT -5 deadwing said:

$130k on 350 Sq ft that isn't a freestanding building is blowing my mind.

Sorry. He did a lot of other work inside my main house too, none of it structural or requiring permitting.

Such as?

[sugarbear1]

Well... this is interesting. It was a simple permit "subject to field inspection," and as I recall, was inspected after the fact (and definitely the updated electrical work was). That said, the regulations say less than 200 sq. ft. While I guessed at the actual square footage, I know that it is more than 200.

After I posted, I called an attorney who is a good friend of mine for advice. His advice was, "send me everything. I hate people who do this shit and I'll take care of it."

Also, eta: I fully admit to not doing my due diligence. I was going through a divorce and I was desperate to make this work.

[sugarbear1]

Jan 3, 2024 22:55:27 GMT -5 pixy0stix said:

Jan 3, 2024 22:53:13 GMT -5 sugarbear1 said:

Sorry. He did a lot of other work inside my main house too, none of it structural or requiring permitting.

Such as?

Built ins, laundry room, finished my basement, updated a bathroom. New carpet and flooring, moved my basement egress door.

[pixy0stix]

Jan 3, 2024 23:01:14 GMT -5 sugarbear1 said:

Jan 3, 2024 22:55:27 GMT -5 pixy0stix said:

Such as?

Built ins, laundry room, finished my basement, updated a bathroom. New carpet and flooring, moved my basement egress door.

You absolutely need a permit to finish the basement. WTF? Anything that touches plumbing, electricity, or adds new walls or living space needs permits.

ETA: oh jeebus, moved your basement egress? You probably will need an engineers report. This is bad. All that work unpermitted is real bad.