Contractor misrepresented himslef as LICENSED?
We recently had HVAC work done by a contractor who represented himself as a licensed HVAC mechanic and lic. electrician. As the job progressed, I began to question his electrician status as he mentioned he would get someone else in to do the electric and inspection “because he was running behind schedule” but he would pay for it since it was included in my estimate. Then he changed his mind and said he would complete the electric portion... I asked him to provide all his license #s before he did that work and then he went dark - didn't return calls or emails nor did he return to complete the remaining work. I checked with our county (Putnam County NY) on licensing status and they indicated that he was a licensed Master Plumber, not electric or HVAC licensed. The said contractor emailed me to say that he was resigning from job and any HVAC contractor could come in and complete in 1 day of work. When I called Putnam County to report him, they said that he was just in “falling on his sword” and letting them know that he did unlicensed work in our home.
I have a contract with this guy and at the start of job, I paid the him for all materials and all have been delivered and/or installed. I was not supposed to pay for labor until job was complete. This first contractor is now asking for payment on the unlicensed work that was completed up until now. I have to have a lic electrician and HVAC guy come out to review the work, pull permits and get inspections and make changes for any work that was not done properly and PAY them of course.
Do I owe this guy any money? I feel like it’s an unlicensed surgeon requesting payment for a botched procedure. What is my liability here? How valid is the contract?
Comments
One of the dangers of hiring bad people is that you get stuck with bills. Workers can file a mechanic's lien against your property until they get paid.
An expensive lesson for you. Next time, verify licenses before work begins and never make final payments until you get a mechanic's release from all workers.
The new person you hired has to verify the previous installation and take legal responsibility for it. Pay him and then take the original contractor to small claims court to recover anything this costs you over and above the original contract with the first installer.
Don't forget to include all charges for permits, all payments made to the first contractor and all payments made to the second contractor. Then deduct the amount of the first contract which you agreed to pay. Sue for the amount remaining after deducting the original contract amount.
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