Firing your contractor

I like to say that finding the right contractor is a lot like dating. Usually before you find the right one, you have to weed through a lot of stinkers. It can take a long time, but doing the homework to find the right contractor is worth it, because knowing you have someone you trust working on your home is paramount.

This is why I always stress how important it is to vet as many contractors as possible before you hire someone. You want to know as much as possible about this person working on your home by sourcing their online reviews, speaking to previous clients and asking them a LOT of questions.

But sometimes, even if you've done everything by the book, things go wrong, and the relationship just doesn't work out. As a homeowner, what power do you have when a contractor walks off the job site? And if you're unhappy with a contractor's services, can you fire them?

CHECK THE AGREEMENT

Having a written contract in place for any job is so important. It protects you as a homeowner, but can also stop a good contractor from being taken advantage of. If things aren't going well with your contractor, take a good look at your contract. Have they violated any of the written terms?

You don't kick a contractor off the job site for a minor infraction — you're looking for something lawyers would call the “limitations of liability.” This would refer to things like the timetable of the project, the material selection in your renovation and the pricing for extras.

So what would be a fireable offence? One could be if the project is taking way longer than expected without a reasonable explanation. Sometimes the right materials may not be easily available, or subtrades have issues with scheduling — this isn't a reason to kick your contractor out.

Another could be billing far more without justification. But if you've made changes in the scope of the project after construction starts (or you uncover a hidden issue), that's obviously going to wind up costing you more than you anticipated.

Of course, if you see your contractor not complying with safety laws, that's a good reason. You don't want to see someone hurt on your job site, and you could be held liable for any accidents.

WHAT IF THEY'RE NOT HOLDING UP THEIR END OF THE BARGAIN?

When a contractor starts work, you should be keeping a job log starting on Day 1. Here you'd keep track of things like progress of the project, plus if you notice any mistakes happening, make note of them here.

Most contracts will require you to notify your contractor of any objections you have with the project in writing, and give them an opportunity to make things right. Make sure it's in writing and that you keep a copy of it — with the date included.

This is important for a couple of reasons. One, we're all human, and it's possible there was an oversight that a good contractor will be willing to fix. Two, if the contractor refuses to fix the error or pushes back, it gives you a written record that you noted the error and tried to have it corrected. In a worst-case scenario where you need to get lawyers involved, having a firm contract, as well as written copies of all followup communication will help you make a much stronger case.

Finally, you'll want an expert opinion from a qualified third party, so you'll need another contractor or project surveyor.

While I hope it never has to come to this, all your documentation and third-party accounts could be used to attempt to take your contractor to small-claims court, or even open up legal proceedings against them. This can take years to resolve and you may never recoup all your losses, so this should be a last resort only.

The best way to prevent all this trouble in the first place is to take the time beforehand to ensure you hire the right contractor for the job. It can take a long time to find the right person, but believe me, it's worth the peace of mind.