Contractor disappeared. Any advice?

[mommyoftwo]

Last year our home was damaged during a severe hail storm. We needed to get the roof and siding replaced. We signed with a company and they came and did the roof at the end of December. We paid them for the roof. They left extra roofing materials sitting in our driveway and said they would be back in a couple of days to pick them up. They also said our siding was on back order and they would come and do the siding as soon as it came it. Well, it's now July and we haven't heard a thing from them. I've done a little research and discovered that the phone number listed for the business is a cell phone number. I've tried calling the cell phone and it is turned off. The number is still be used by someone but it's just the automated message that comes with your phone. I've left a message but havent' heard anything. The office is over an hour away so it's not like I can just swing by and see if anyone is there. Fortunately, we haven't paid anything for the siding so we aren't out any money. However we need to have the siding replaced ASAP because our home owners insurance isn't going to cover the house if the siding is not replaced. I would just hire another company but we have a signed contract and I don't want them to come back at some point demanding their money. The BBB said they have had to complaints filed and got no response. However, they also said that the mail was not returned so it must have been received by someone. I don't even know what the next step is. Does anyone have any experience with this?

[deenass]

Last year our home was damaged during a severe hail storm. We needed to get the roof and siding replaced. We signed with a company and they came and did the roof at the end of December. We paid them for the roof. They left extra roofing materials sitting in our driveway and said they would be back in a couple of days to pick them up. They also said our siding was on back order and they would come and do the siding as soon as it came it. Well, it's now July and we haven't heard a thing from them. I've done a little research and discovered that the phone number listed for the business is a cell phone number. I've tried calling the cell phone and it is turned off. The number is still be used by someone but it's just the automated message that comes with your phone. I've left a message but havent' heard anything. The office is over an hour away so it's not like I can just swing by and see if anyone is there. Fortunately, we haven't paid anything for the siding so we aren't out any money. However we need to have the siding replaced ASAP because our home owners insurance isn't going to cover the house if the siding is not replaced. I would just hire another company but we have a signed contract and I don't want them to come back at some point demanding their money. The BBB said they have had to complaints filed and got no response. However, they also said that the mail was not returned so it must have been received by someone. I don't even know what the next step is. Does anyone have any experience with this?

It should state when the work will start / approx date for completion. That might help with them coming back demanding $. I might also contact an atty for some guidance.

[mommyoftwo]

Unfortunately, there is no date listed on the contract. I'm thinking we may have to contact a lawyer but it's really not something we can afford to do. The whole thing is REALLY frustrating.

[bubbaray]

You want to contact a lawyer so they can't slap you with a lien on your house for the work they've done but not been paid for so far.

Look for someone with experience in construction law.

HTH

[mommyoftwo]

You want to contact a lawyer so they can't slap you with a lien on your house for the work they've done but not been paid for so far.

Look for someone with experience in construction law.

HTH

They have been paid for the competed work so we don't owe them anything. We just need to be able to move on so we can get the siding replaced.

[bubbaray]

They might have ordered/paid for the siding and, depending on the laws where you live, could lien for that.

[mommyoftwo]

I did not know that. Definitely good information. My guess is that they've gone out of business but who knows? Ugh, I hate the thought of contacting a lawyer but what else can we do at this point? I've considered sending them certified mail but I don't know if that covers our bases so I suppose that is going to require talking with a lawyer to find out.

[mommyoftwo]

Sorry, double post

[maylips]

I'm not an attorney, but if you are trying to avoid that expense, it couldn't hurt to mail them a return receipt requested/certified letter, explaining the issue as you see it (they've done half the work, but not all according the contract) and giving them 30 days from the receipt of the letter to respond to you or you'll consider the contract void and you are not responsible for any future payments.

Again, not sure that would hold up in court, but if it looks very official, it may jolt them into action to at least contact you. And then you would have done something to take to the attorney. My guess is that is the first step an attorney would take anyway - contacting the company by certified mail.

ETA: I would also include in the letter how many times you've left voicemails with the business number listed (and list that number), to indicate you have repeatedly tried to reach them.

[DrSally]

Do you have an Employee assistance program? Often times you can get a free 30 min consultation with a lawyer.