Can You Fire Your Remodeling Contractor?
We hear stories like this all the time. Excited homeowners hire a home remodeling contractor to give their homes a fresh new look. They’ve committed the time and the money to working with this contractor who promised them the moon and stars along with their beautiful new living space.
Then, things go south – fast. Deadlines aren’t met, mistakes are made, items aren’t ordered, and now the project is delayed weeks or maybe even months. On top of it all, their contractor hardly ever returns their phone calls and hasn’t shown up to the home in weeks.
The homeowners are fed up and want to fire their contractors, but can they? The short answer is: it depends.
Here are the legal issues and things you should think about when you’re considering firing your home remodeling contractor.
Ask yourself if it’s really worth it
First, we understand the frustration of not getting the experience you were promised, and we know some bad apples out there who overpromise and underdeliver. However, sometimes firing a contractor could lead to even more significant headaches since they probably won’t walk away without a fight.
Consider what is bothering you and why you want to fire the contractor. Could the issues be due to a lack of communication?
Poor communication is often at the root of most problems. If that’s the case for you, a sit-down conversation might solve your problems. If it’s something more significant, then firing your contractor and starting over with someone else may be the best action.
Breach of Contract
When you decided to move forward with your renovation, you and the contractor should have signed a contract outlining terms like the price, timetable, policies, etc. The contract will also likely spell out how and when a contract can be terminated.
If you think your contractor has breached the contract, you should be able to fire them. However, the contract may also spell out how to go about firing your contractor should the situation arise. Going about it incorrectly could lead the contractor to come back to you to try and get some extra money for materials, hours completed, and cancellation fees.
State Limitations
Whether or not you can fire your contractor may come down to where you live. Here in Alabama, the law allows for contracts to be canceled for nearly any reason as long as proper notice is given and the reasons for firing your contractor are clearly documented.
However, before moving forward, read your contract to see what ramifications and next steps could come after firing a contractor.
Consult an Attorney
Hopefully, the situation doesn’t escalate to this point, but if you can’t reach an agreement, you may need to get an attorney involved. Your attorney will look through the contract you signed with the home remodeling contractor and will also be aware of state laws pertaining to contractor disputes.
They will be able to fight on your behalf and make sure you are not charged extra fees or held responsible for things like incorrectly ordered materials or any damages that may have occurred at the hands of your contractor.
At ELM Construction, our goal is to make sure you’re happy with your home remodeling project. To do that, we make sure you understand the project before we begin, and keep lines of communication open throughout your project. Before we start, we also give you a detailed scope of work and a guaranteed fixed price. You can learn more about our process here.
If you ever have any questions about anything home remodeling related, we are here to assist!