I hired a licensed contractor to perform a master bathroom remodel. A 2 week job(stated by contractor) turned into 3 months, before finally letting him go and hiring another to finish the work. The remodel included new vanities and changes to existing plumbing for the sinks. On walkthrough, the new contractor noted that the sink drain stubouts were too high and the sinks would not drain when plumbed. Another experienced plumber also said they would not.
I have contacted the previous contractor who is willing to hook up the sinks to see if they will drain. If they don't, how long do they have to fix the defect? Do I have to use them to make the repair? Working with them was a nightmare. I worry the repair will take weeks if I rely on them to repair it. What are my rights?
Generally, the courts expect the original contractor to be given a chance to reasonably fix the defects. However, if the workmanship of the original contractor is so far below standards, the courts do not expect the homeowner to give the contractor more chances to cause more problems.
Your problem is that you (and everyone else) do not know how the judge hearing your case would decide.
To protect yourself, you should document the defects in the original contractor's work.
If you have already hired another contractor, it may be unreasonable for you to have to wait for the original contractor to decide to fix the faults the original contractor caused, particularly given the history.
Your contract with the original contractor may have deadlines and may provide for additional payments or reductions if the deadlines are not met depending on who cause the delays.
You should review the specific facts with your attorney.
I agree with the previous answer and you might contact the original plumber who subcontracted to do the work. You should also review the statute linked below for the opportunity to cure notice requirements, which may apply in this case.
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