Work not done to specifications

[rladams]

We hired a contractor to build a tornado/wine cellar. Specifications were at least 3' of dirt over top and all sides. Top of the shelter has 6 inches of dirt at the front and 16 inches in the middle. Structure is 10 x 10. There was also supposed to be a vent for air exchange. No vent was provided. Inside temperature is in the high 70's and the temperature was supposed to be high 50's to mid 60's.
There was no written contract.
The contractor was supposed to do research to see how a wine cellar/tornado shelter was to be built because it was for a specific use. We also did research. Any research on wine cellar returns 3' minimum of dirt on all side so that it will hold a cooler temperature.
Even as a tornado shelter it is not useable because the structure is air tight with no outside air coming in.
Construction is cement blocks that were core filled with cement.

Now the contractor is telling us that we owe him more than the original quote. We have not paid the balance because it was not built to our specifications. The contractor has not paid the subcontractors even though we gave him $2,000.00 up front.

Now that the structure is done, there is no way to cool it down or make any modifications to the structure.

 

[rladams]

It was obvious he did no research because he would have read the minimum requirement is 3' dirt. When asked if he did research he looked away and said "yes".

 

[army judge]

He can file a workman's or contractors lien for your nonpayment. A court will ultimately decide this, if you refuse to pay. Your best bet is to hire an expert to fix the shelter the way you want it. Then you'll have to sue him to attempt to recover your delta and stop him from filing a workman's or contractors lien against your home. I suggest you speak to a local lawyer.

 

[mightymoose]

If there was no contract then you may have a hard time proving what the agreement was.
Likewise, he will have a hard time proving what you agreed to pay.
I agree that you should hire someone else to try and fix this... but dropping the whole thing two feet deeper is no easy task.
Anyway, you hired the guy. Be more careful next time.

 

[rladams]

It cannot be fixed. There are cement footings, cement floor plus cement blocks that are core filled with more cement. There is no way to add more dirt on top because rain runoff will flood the sidewalk and then the garage.

 

[army judge]

It cannot be fixed. There are cement footings, cement floor plus cement blocks that are core filled with more cement. There is no way to add more dirt on top because rain runoff will flood the sidewalk and then the garage.

Well, seek an expert opinion, and get t in writing. Your only recourse might be to use it for a lesser purpose, or have it removed. Then you'll have to sue him for the extra costs incurred. Even though, it'll be a crap shoot, as suits always are.

It might be time to cut your losses. Before you decide, speak with a couple contractors, see what they suggest, and then with a couple local lawyers.