Q: Contractor didn't pull permits or honor warranty; work not to code. What can I do?
I hired a licensed and bonded contractor less than a year ago, but he did not pull the required permits as stated in our contract. He also refuses to honor the year warranty for his work despite multiple issues. There is a shower pan leak on the second floor causing damage to the first floor and electrical problems. The plumbing and electrical work done were not to code, confirmed by a third-party contractor. Grout is coming out of the tiles in the next bathroom, and pieces are falling out of the wall. I've paid about $6,000 out of pocket to start repairs and have emails from the contractor where he refuses to honor the warranty. I also made a claim with my insurance company, but they have been slow to respond. Code enforcement met with the contractor and presented evidence last week, but I'm still waiting for updates. How should I proceed to address these issues?
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A:
Given the issues you've outlined, it's clear the contractor has failed to meet the terms of your contract, including pulling the required permits and honoring the warranty. Since the work was not done to code, this could lead to safety concerns and further damage, especially with the leaking shower pan and electrical problems. Start by gathering all evidence, including photos of the damage, emails with the contractor, the contract, and any documentation from the third-party contractor confirming the work was not up to code.
You should first attempt to resolve the issue by sending a formal demand letter to the contractor, requesting that they either complete the repairs properly or honor the warranty. In your letter, be sure to mention that you're aware of the code violations and outline the issues that need immediate attention. If the contractor still refuses to address the problem, you can file a complaint with the state licensing board or a local consumer protection agency.
If you don’t receive a resolution, you may need to consider taking legal action. This could include filing a claim in small claims court or a civil lawsuit to recover the cost of repairs and damages. If the contractor is licensed, your state's licensing board may also have resources for pursuing further action against them.
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