GC quit on me. Need help/advice asap .

GC quit on me. Need help/advice asap .

Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes

I ve been working with the same GC for 9 months now.  Was supposed to be 3.  We can see the final line.  Minor stuff needed to fully complete a full rehab.  He has ghosted us for days at a time and now he’s done it again but finally responded to text messages and said we need to find somebody else.  Way should or can I do? Don’t I need him to finalize the final

Inspection paperwork? 

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Flipper/Rehabber · CA · Member since 2023 · 1k+ posts · 1k+ votes
2y
Quote from @Jessica Edmond:

I ve been working with the same GC for 9 months now.  Was supposed to be 3.  We can see the final line.  Minor stuff needed to fully complete a full rehab.  He has ghosted us for days at a time and now he’s done it again but finally responded to text messages and said we need to find somebody else.  Way should or can I do? Don’t I need him to finalize the final

Inspection paperwork? 


 I'm no expert on Florida contractor license law but from what I've read statute 489.533 covers abandonment. I've heard of being a J violation.

Here's a link

https://www2.myfloridalicense.com/construction-industry/faqs/#:~:text=A%20%E2%80%9Cj%E2%80%9D%20violation%20is%20abandoning,failed%20to%20perform%20without%20cause.

your contract may have an impact on the outcome. 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Ask him for a check list of what is and isn't done.  Also make sure you are paid up and he doesn't owe you any money.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    Let him know if he doesn't complete the job you'll file a complaint with the state department of licensure.

  • Flipper/Rehabber · CA · Member since 2023 · 1k+ posts · 1k+ votes
    2y
    Quote from @Jessica Edmond:

    I ve been working with the same GC for 9 months now.  Was supposed to be 3.  We can see the final line.  Minor stuff needed to fully complete a full rehab.  He has ghosted us for days at a time and now he’s done it again but finally responded to text messages and said we need to find somebody else.  Way should or can I do? Don’t I need him to finalize the final

    Inspection paperwork? 


     I'm no expert on Florida contractor license law but from what I've read statute 489.533 covers abandonment. I've heard of being a J violation.

    Here's a link

    https://www2.myfloridalicense.com/construction-industry/faqs/#:~:text=A%20%E2%80%9Cj%E2%80%9D%20violation%20is%20abandoning,failed%20to%20perform%20without%20cause.

    your contract may have an impact on the outcome. 

  • Lender · Orlando, FL · Member since 2023 · 220 posts · 183 votes
    2y

    Hey Jessica, 

    Did you pay for any of the rehab upfront that was not completed?

  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    2y
    Quote from @Jessica Edmond:

    I ve been working with the same GC for 9 months now.  Was supposed to be 3.  We can see the final line.  Minor stuff needed to fully complete a full rehab.  He has ghosted us for days at a time and now he’s done it again but finally responded to text messages and said we need to find somebody else.  Way should or can I do? Don’t I need him to finalize the final

    Inspection paperwork? 


     Would try to go after his bond if he is bonded too ! 

    The McKernan Group4.958 Reviews
  • Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes
    2y

    He won’t respond to me even for that but I can tell What still needs done 

  • Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes
    2y

    How do I do that and what does it mean 

  • Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes
    2y

    I paid him 20 k deposit and then paid him for all work once it was complete.  I do owe him 5k and told him the checks were ready for pickup but still no response 

  • Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes
    2y

    Thankyou. I’ll research that more 

  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    2y

    You can step in and walk thru for the final inspection to get occupancy.

    What is left to do? Generally.

    Do you have a realtor you have worked with?  Ask them to recommend or send their crew over.  This is where having a Team comes in.  If you have a consistent realtor they will help you out.  

  • Member since 2021 · 88 posts · 80 votes
    2y
    Quote from @Jessica Edmond:

    I paid him 20 k deposit and then paid him for all work once it was complete.  I do owe him 5k and told him the checks were ready for pickup but still no response 

    1- You hold that 5k until…
    2- Review the details in your contract, specifically Scope of Work, release payment descriptions
    3- Review contractor default or termination clauses or language in contract
    4- Review permit status with municipality, if permits were pulled. Final or Incomplete? Name on permits match the GC under contract or were subs used to pull permits. If Subs pulled permits, and they are not complete, you will need the contact info for the subs used.
    5- Perform a photo documented site inspection, written detail of unfinished work directly covered by the language/scope of work description in your contract. 
    6- If permits are complete, signed of as FINAL, no further inspections required, then solicit an estimate from another contractor for the list of unfinished work. Compare that estimate to the $5k withheld from default contractor. 
    7- Prepare a delivery of the documented unfinished work, written detail with photographs, a copy of the replacement contractor estimate, with a termination notice certified mail to the default contractor. Review the contract for terms and procedure for default, if any are written.
    8- Keep a copy of their refusal to complete the work as Contractor Default, keep the final $5k as contractor default.
    9- Pay the new contractor to fish the job, let the Old contractor deal with trying to get the last 5k from small claims court, which they will likely fail to achieve.

    PS yes I blew past “what if permits are not signed off as complete” thats a PITA of its own thread.
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    Do not pay him any more $$, don't even dangle it out there as a possibility. Like @Joel Forsythe said, have written proof of his refusal to complete and even print yout emails and texts showing that you continually requested him to finish up.

    Then get someone else to finish and let him sue you in SC for the balance. They will never rule for him if you have written proof of all this.

  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    2y
    Quote from @Jessica Edmond:

    I paid him 20 k deposit and then paid him for all work once it was complete.  I do owe him 5k and told him the checks were ready for pickup but still no response 


     This is someone who probably will not respond, people that go silent are ones that are not willing to face the truth/cannot meet the expectations. I would for sure work with an attorney on this one and get to the bottom of going after their bond if they have one.

    No, agree with Bruce do not pay this guy until they finish the job. Your money paid will put you in a place that will not have any final work done and out all the money. Get someone else to do the work and pay them to finish out the job not this unresponsive GC.

    The McKernan Group4.958 Reviews
  • Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes
    2y

    My original question was how to I complete the job without the original GC?  Don’t I need him to attend the final inspection? Or can a different GC complete the final inspection?  Does it matter? 

  • Flipper/Rehabber · Pensacola · Member since 2019 · 24 posts · 3 votes
    2y

    Aweeeowm.  Thankyou 

  • Lender · Orlando, FL · Member since 2023 · 220 posts · 183 votes
    2y

    Hey Jessica, 

    You can bring in a different GC to take over the project. The new GC will likely want to inspect the previous GC's work to ensure it meets quality standards and to identify any potential issues. The final inspection can also be handled by this new GC to ensure everything is up to par.

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