Paid contractor more than he finished before going to JAIL....?

Question

Paid contractor a total of $4400 out of $6600 total job cost (partial basement finishing).  He did some basic framing, hung drywall (not well). He was supposed to also finish all mudding, hang two doors and install drop ceiling but he stopped showing up. Was dodging calls for a bit then would promise to be there tomorrow...blah blah. Then I found out he is in jail for violating a restraining order. He was paid roughly $2000 more than he accomplished. Signed contract as well as third party estimates to finish project along with pictures of his work back this up.  The only upside is that he left all his tools.  I've since put tools in storage to make room so someone can get in and finish the job.  Can i hold tools ransom?  My plan is to trade tools for a fair refund or hold them until we get in front of a small claims court...?  Any advice or tips would be very much appreciated.  Thanks.

Steven Lowe · Answer

Are you suggesting that it's commonplace for contractors to break the law and get thrown in jail?  Unclear on your post's meaning.

Billy Smith · Answer

Its a rough road to hoe

Steven Lowe · Answer

It sucks to lose $2,000 but I've heard of much, much, worse things happening to owners with shady contractors.  Example, I've got a rehab project I am bidding right now where the owner paid the previous GC $80K and the work is so bad it all has to be ripped out and redone.  Blatant things like venting the furnace into the attic, substandard wiring, plumbing venting not connected, etc.  Any sort of legal action for an amount under $15K isn't even worth it because you'll easily spend that much on a lawyer before you collect a penny.  Sure, you can take him to small claims court but is that wise?  The contractor also sounds a bit unstable--you said he violated a restraining order and got thrown in jail?--so you don't want to risk him coming around if he is violent.  I recommend you just give back his tools and move on.

Billy Smith · Answer

I would open up a channel of communication  to him find out when he gets out of jail .In this type of work it can comes  with the territory.

Chad Clanton · Answer

I'd definitely recommend speaking with your attorney, but I don't THINK you have the legal standing to keep control of his tools. Of course, there's nothing that says you have to let him onto your property expeditiously or at any particular time to pick them up, but I'd only press that so far. Just cover your bases and keep yourself in the legal clear. Good luck and let us know how it turns out.

Paid contractor more than he finished before going to JAIL....?

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