How to handle our contractor

[VAresident]

Hello
I would like to see what other professional have an opinion about the situation with our contractor.

Here is the whole story:

We signed a contract with CMD inc in Fairfax VA to do a walk up on April 18th 2008 we paid in full so we can take advantage for additional discount. They informed us they will start getting the permits and engineer on the drawing. We followed up over the month of May & June no work was started. They had bunch of people come out to our home for design and other details.
Finally after numerous phone call they begin working on second week of July. They dig a big hole and got the wall on the side. Work stopped after Mid Aug. reason being the subcontractor they had hired is no longer working for them.

Its Sept. now they are not giving us any firm written up project information that will layout the time frame. We are stuck with them since we paid upfront. To make the issue worst the subcontractor that was working on the home has filed a mechanics lien on the home for the non-payment.

Today they came out and told us that the drainage around the home is not proper so the need to cut thru out basement concrete and attached the pipe to the sump pump. I am assuming they are going to charge us for that additional cost.


We had done a background check on the company they are license A and have been rated in BBB.
Here is the company details:

Scott Lindley -Vice President of Operations
Brian D. Carr - One of the partner

Construction Management and Design
Class A BLD CIC HIC MBC 2705119172
Direct Phone:703 591-2190 Ext. 16
10195 Main Street, Suite J
Fairfax, Virginia 22031
(703)591-2170: Office
(703)591-2367: Fax
Web: www.managementanddesign.com



At this point we want to get the work done and move on.

Any input is appreciated.

Thanks

[BostonBull]

Get a lawyer.
Should have had a signed contract with dates from the begining BEFORE you paid. Your in a tough spot!

Good Luck!

[jkason]

And the norm is 1/3 up front, 1/3 at the halfway point, 1/3 on completion.

Anything other than this, and it makes me think that the contractor is not being square with you, and will duck out, or just doesn't have enough cash flow to cover his expenses.

[ffemt1271]

if you paid him, and he didnt pay the contractor that is a felony (i know someone who is in deep trouble for the same thing)

[lzrj]

Can't believe people these days will still give someone full payment before they get anything. I totally agree with Jkason. Give third down WITH a written contract. Once that amount has been gone through and you are satisfied, give another third and so on. It does look like you need to go to their office and start screaming at this point about suing if they dont get on it asap especially if you already have a lien on your house. If not, a lawyer is you only other route. good luck

[WirelessG]

Contact your State Attn. General. Explain in as mush detail as possible what your experience has been. The Attn. General will contact this company and start asking questions. Usually this is enough to help the contractor get the lead out. The Attn. General is one of the most underutilized resources for average citizens.

[Az Gardener]

Each state is different both in industry standards and legal issues so don't beat yourself up about paying up front. Here in Az we have a "Registrar of Contractors" That handles this type of situation. A call to them would get things moving pretty quickly at least if that contractor dosen't want his license suspended. We have a fund for situations just like yours although there is a $$ amount limit.

So at this point I would find out what my legal recourse is then call the contractor one more time tell him what you expect and the next miss step on his part you call whomever handles this situation in your state. You should not need a lawyer to get things moving unless it is really ugly and you are trying to get money back from a defunct business. Sorry you have had the grief, good luck.

[TXNSLighting]

And the norm is 1/3 up front, 1/3 at the halfway point, 1/3 on completion.

Anything other than this, and it makes me think that the contractor is not being square with you, and will duck out, or just doesn't have enough cash flow to cover his expenses.

Thats not right...1/2 up front second half at the end...

[big acres]

If you haven't already, start sending all communications to them via certified mail... lets them know your building a paper trail and preparing to be more serious than you should have been earlier on.

[DiyDave]

Another suggestion would be to not post any updates on this on this or any other site, you are telegraphing your plans to your opposition. Hire a lawyer and keep quiet till your case is judged.:waving: