Q: How can I get a company that did not properly complete a job to pay for someone else to do it ?
I contracted with a licensed company to repair and seal foundation cracks, insulate and encapsulate the crawl space of my home. They did seal a couple of cracks, but ignored others, they insulated the walls but not the rim joists. The plastic wasn't properly sealed and is coming apart in places. When called about the insulation, we were told "we don't do that" even though the contract specifies that it will. They offered solutions that are unacceptable because they won't solve the problems. I'm 94 and my daughter is 64 yrs old. We're tired of trying to resolve this on our own.
A: This is exactly what your retainage is for. You can contract with the new company directly to complete the job, pay the new company, then give the old company notice that you are deducting the amount of that payment from your retainage. But, if the amount you pay the new contractor is less than your retainage, you do still have to pay the old company the difference.
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