203k Disaster, Please Help

1 Reply

In December 2018, I refinanced my home using a 203k.  The contractor was referred by the loan officer.  Long story short, the contractor lied on his attestation when he said the subcontractor was licensed.  The subcontractor is not and has never been licensed.  The general contractor did no work, but subbed it all out to the subcontractor who did a really bad job, to include not pulling the necessary permits.  I have been withholding final payment for 9 months.  The general contractor wanted me to tender final payment to him, then sign a new contract stating that he would do the corrections at no additional charge.  I refused this offer.  It turns out the general contractor who is licensed, is actually a full time police officer and basically used his license to secure the job for his unlicensed friend.

I have an arbitration agreement, but can not afford the prohibitively expensive fees.  He has threatened to sue me, but has failed to do so.  I cannot afford an attorney.  I have notified the Licensing board, but they refuse to take action due to my arbitration agreement.  I notified the state Attorney General but they only offered free arbitration.  Unfortunately, I have been waiting since July for them to schedule it.  I’ve been told that they don’t currently have an arbitrator on staff.  I’m also now being fined by the code enforcement office for the code violations— even though I have provided them with a copy of my contract, and the name of the contractor.  And in the meantime, I’m I have been paying a mortgage for work that has not been properly done.  Help!

What's left to finish? You may need to fire him and just finish it yourself. Give him a notice that if he doesn't complete the work by a specific date that the work will be completed without him and the remaining funds will be deducted from his contract.... I doubt this would hold up in a court case but it might make him move.