For remodeling my master bathroom I hired a contractor who keeps disagreeing with my ideas and tends to argue with me.

Asked almost 3 years ago - Fairfax, VA

I had made it clear with the contractor I want my bathroom floor to be lag Marble Hex with few accents, he became argumentative with telling me it will make the bathroom look busy & will be hard to maintain. I keep telling him it is my property I am remodeling he gives me cold shoulders & tells me he is just suggesting in case in I am putting my house and that is not my plan.
While I was away for a trip "medical care" he called me by telling me the way the floor tiles will be laid out will be either diamond shape or square n I thoght I had made it clear with him I wanted Marble Hex design. I return home n I see almost half my bathroom floor is diamond shape tiles. I am getting tired of this crazy contractor & I like to know how to resolve this situation.

Attorney answers (1)

  1. Sammid J Mansoor

    Contributor Level 9

    Answered . Parties are free to contract in any legal manner that they wish.
    Besides the standard contract elements of “offer”, “acceptance” and “consideration”, what you will need to show is that you and the contractor had a "meeting of the minds" and that the items which were contracted for were the items that were received.
    Written Contract
    First evaluate whether you have a contract with the contractor. In the contract you should have indicated a scope of the work. The scope of the work should have detailed the "Marble Hex Design" that you have requested.
    If the contract specifies the "Marble Hex Design" that you have requested, look for any clauses that allow the contractor to modify the design. If there are no clauses allowing him to modify the design, then he has not fulfilled his contractual obligations to you.
    If the contract does not specify the "Marble Hex Design" did he complete the floor in the fashion spelled out in the contract? If not, then again he did not meet his contractual obligations. If so, then your case is weak, and you will need to pursue the matter a little deeper than what we can provide on a free website.
    Oral Contract — Please stop doing these.
    This contract will be difficult to enforce, as each of you will have a different story. What can strengthen your case is if you saw pictures of his work, and said “I want this”, or even if you provided the picture and said this is what I want.
    Otherwise you will need to demonstrate that both of you understood what the “marble hex design” meant, and that he did not complete it as he was tasked to do.
    Remedy
    If he did not complete the contract as written, you can pursue him for breach of contract. However if you cannot definitively show that he breached the contract, it may be more expensive to pursue a legal remedy.
    If you are unhappy with the job so far, do not complete it. Absent any “legal” defenses, you may have some liability for what has been completed so far. You may want to negotiate, IN WRITING, a release from the contract which will let the contractor leave without completion, and you without the full obligation to pay.
    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
    www.LoudounLawyer.com

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,670 answers this week

3,177 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,670 answers this week

3,177 attorneys answering