Get a good attorney.

The cabinet install should have been stopped when noticed. You need to go the legal route now as it seems like he is not working with you. Give him one more chance and tell him that the next step is a lawyer.

How "elderly" are they?

He's exploiting them because he's a below-average contractpr who sees easy, intimidated marks and a lot of profit to be made.

1 - Get an attorney, and have you designated with "power of attorney" for this addition ... that effectively gets you on the contract without the contractor having any way to block it. Your signature will be legal for all things involved with addition.

THEN:

2 - Remind this contractor that the laws for defrauding and exploiting the elderly are usually pretty severe, and he is responsible for correcting his mistakes without further payment or you will file a complaint with the state's Attorney General's Office for it if he doesn't shape up.

3 - File a complaint with the BBB and the state's contractor's licensing department.

Thank you for responding.

How elderly? My dad is in his 80's. This contractor knows that my parents are not likely to go to court (at their age).

I have done my best to step in to try to get the contractor to fix his mistakes at no additional cost to my parents, but he reminded me that the contract is with my parents, not me. I do need to get on that contract.

About the kitchen cabinets, my father wrote to him that there is to be no space above the cabinets. The contractor never discussed anything with us, and suddenly one day those 36-inch cabs arrived and were put up without our knowledge. I then told him about the problem, and he agreed to order taller cabinets. I thought the cabs were being made, but I found out that he never ordered them. The addition was supposed to be finished at that point, so we felt stuck with what was installed. I'm sure he would have charged us for a new set of upper cabs and labor. He made a mistake for the fridge space, and he refused to fix it unless my parents paid. This was holding up installing the appliances and other work in the kitchen. My father felt like he had to pay to get the work going again to completion. I told the contractor that he cannot charge for his mistakes, and his response was: "if you want the changes, you have to pay."

This week, a subcontractor was there to do work, and the contractor was not there to supervise.

If it were up to me, I would have fired his sorry butt a long time ago.

The addition is almost finished now (over 8 months over).

This post was edited by grass-cat on Fri, Jan 9, 15 at 10:17

U r getting excellent advice. Get lawyer ASAP before contractor disappears and is say that's a strong possibility. Also be looking for replacement contractor....hoping for this guy to shape up is naive and will be expensive in the long run

Intentionally lying to get the contract is fraud in the inducement. The subsequent actions could constitute negligence, not to mention outright breach of contract.

HIRE A LAWYER!

It sounds like you may be entitled to compensatory damages, which are available for breach of contract. Punitive damages are available for fraud.

Please get a lawyer. I'm an accountant and have to know this stuff to be a CPA but you really, really need an attorney.

You are entitled to cancel the contract but I suspect you'll have to get an attorney to get your $ back and get restitution.

Thank you for the responses. I will pass the info along to my parents.

The contract in which he lied was a contract with a subcontractor, not the contract to build the addition. That instance of fraud should be reported to the licensing board.

I think this contractor knows he can get away with things because of my parents' age.

National Center for the Prevention of Home Improvement Fraud
3525 Piedmont Rd Bldg 7 Suite 300
Atlanta, GA 30305
Ph4049026100

Maybe they can help.

Ncphif.ord

Someone says also. SPAM.com

Good luck

Check also
Home disasters

I have done my best to step in to try to get the contractor to fix his mistakes at no additional cost to my parents, but he reminded me that the contract is with my parents, not me. I do need to get on that contract.

If you get a "Limited Power of Attorney" to act for your parents in the matter of the addition and all dealings with the contractor ... you then have the legal right to negotiate with him. Period.

It makes you effectively on the contract without his having to agree to it :)