Your contractor did poor work: how to get it fixed, step by step

A homeowner described grout cracking within a year, a stamp pattern that looked nothing like the sample, polished counters that came back matte, and a shower that leaked. The steps below are the same for each: document it, compare it with what you agreed to, ask for a fix in writing, and escalate only if that fails.

1. Document it before anyone touches it

• Photos and video, close up and wide, with something for scale. Date them.
• The contract, every change order, the product specs or selections, invoices, and payments.
• Texts and emails with the contractor. Nolo notes that your texts, emails, estimates, photos, canceled checks, and witnesses are the proof of what was agreed, especially without a signed contract (Nolo).

If the bad work is causing damage, like a leak into a ceiling, that's a different problem with different coverage. See contractor damaged my house.

2. Compare it with what you agreed to

"Poor work" is easiest to argue when you can point to the contract. California's licensing board says a contract should describe in detail the products to be used and how the work will be done: size, color, model numbers, who does what (CSLB). If a product came with installation instructions, compare against those too.

Write a short list: the item, where it is, what's wrong, and what the contract or spec says. A punch list format works well.

3. Ask for the fix in writing, with a date

Talk first if you can, then put it in writing. Nolo's suggestion: contact the contractor in writing (email or text works), describe the problem clearly, say what you want them to do, and set a deadline (Nolo). The FTC suggests following phone calls with a letter by certified mail, return receipt requested, and keeping notes and copies (FTC).

Nolo also notes that some state laws require you to give the contractor a chance to fix ("cure") the problem before you can sue, so don't skip this step (Nolo).

Can I refuse to pay for poor work?

Be careful. Holding back money can be reasonable for unfinished or defective items, but it can also put you in breach of your contract, depending on its terms and your state. The FTC's line is to never make the final payment until the work is done and you're satisfied with it (FTC). If you hold anything back, agree in writing on what's being held, why, and what releases it. See final payment and punch list and what to do in a contractor dispute.

If you paid by credit card, federal law gives you a dispute right over the quality of what you bought in some cases (over $5, in your home state or within 100 miles of your billing address, and you tried the seller first) (FTC).

4. If they won't fix it

• Your state's contractor licensing board. Boards can do more than record a complaint. In California, citations can include orders of correction that require the contractor to make repairs or pay you to hire someone else (CSLB). Nevada's board can issue orders to remedy substandard workmanship, and some homeowners may be eligible for its Residential Recovery Fund, which can award up to $40,000 based on validated damages (NSCB, PDF). Neither is guaranteed. CSLB says it "cannot guarantee that you will get any money back" (CSLB).
• The contractor's bond or a written workmanship warranty, if there is one.
• Mediation, small claims, or a lawyer. The order and limits are in what to do in a contractor dispute.

Your homeowners insurance usually won't pay to redo work that was done wrong. AAA explains the difference between the faulty work itself and the damage that results from it (AAA).

Before the next job

Get any warranty the contractor offers for labor and materials in writing (CSLB), with the specs and model numbers in the contract, and walk the job with a punch list before the final payment.

Keep the record, and the warranty dates

RenoBinder keeps your decisions, specs, change orders, and payments together, so "what we agreed to" is one link away. When the job is done, the free Home Finishes Record holds the brands, models, and warranties.

General information, not legal advice. Your rights depend on your contract and your state. Talk to your state's contractor board or a licensed attorney before withholding payment.

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