Legal Question in Construction Law in Pennsylvania

Re: delay on contract

FIRST, collect ANYTHING you have relating to the contract, when work was done, etc. Go through your phone records (hopefully calls to the contractor will show up), and write down your best recollection of what happened, when, what promises were made, when they were made, any correspondence you have, including copies of letters to the landlord giving notice - EVERYTHING!

Second, go to the township, and get copies of their records, when permits were applied for, inspections, etc.

Third, send the contractor a letter by First Class AND Certified Return Reciept (C.R.R.) mail. That letter will say 1) you are in breach of yoru contract, 2) you will immediately put in writing when you will have this work completed, and 3) you will be completed by that date, or I will be compelled to sue you for breach, negligence, fraud and consumer fraud. Advise him it is illegal to demand payment beyond the amount of work that he completed, and he can not demand full payment before the work is completed and a final Cert. of Occupancy is recieved. Record your phone calls with him. ONLY deal with him on the phone or in writing !!!!!!!! Do NOT sign ANYTHING (especially an "affidavit" or "release" which will say the work is complete and acceptable) until you are satisfied with the work and know that the subcontractors and suppliers have been paid.

Advise him that if he does not immediately complete the work you will also be compelled to report him to the better business bureau, the attorney general, the local builder's organizations, and the Dept. of Community Affairs (go to the county and ask if youcan also make a complaint to a state division).

Call the town and county you live in to see if contractors are required to be registered, and if your contractor is registered. Do they require he be insured? Does he have insurance?

Many contractors are fine people, but some are bullies, liars, and thiefs. Assume YOUR contractor is behind in his work, but prepare to sue like he's a lying thief.

TH ESQUEAKY WHEEL GETS OILED !!!!!!! Let him know you are DONE waiting. He either makes your job a priority and finishes immediately, or you will bring in another contractor to finish the work, and sue him for the difference. You can NOT be wishy washy with him at this point. I suspect you have paid him ahead fo the work, so you are in a BAD position, so unless you force this to a conclusion, you are going to be severely injured financially.

Even after the work is finished, SIGN NOTHING until you decide it is not worth suing for your 'losses'.

Good luck.

Kevin J. Begley