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kathryn ann 11-26-2019 04:30 PM

Home improvement construction woes
 
Is anyone else having problems with job completion with Kilcrease construction? Signed up in January for a lanai extension and screen porch, have not been able to use our yard for 10 months job still not completed and communication is almost nonexistent

retiredguy123 11-26-2019 05:03 PM

Did you pay them any money? If not, why not just fire them and hire someone else? If you did, then that is the problem. Never, ever, not ever pay in advance.

kathryn ann 11-26-2019 06:18 PM

Yep we sure did, I,m afraid we will probably have to hire an attorney

retiredguy123 11-26-2019 06:28 PM

You can try visiting Seniors vs Crime at one of their local offices. They may be able to help, because contractors don't like to hear from them. Good luck.

600th Photo Sq 11-27-2019 12:28 PM

Quote:

Originally Posted by kathryn ann (Post 1697443)
Is anyone else having problems with job completion with Kilcrease construction? Signed up in January for a lanai extension and screen porch, have not been able to use our yard for 10 months job still not completed and communication is almost nonexistent

Out of curiosity I looked up Kilcrease Construction on the BBB website and to my surprise, they have an A+ Rating.

So with that in mind, I suggest you contact Kilcrease ( Owner ) and give him the completion date that you are happy with or you will be in contact with the BBB and Seniors against crime.

Get it in writing.

TCRSO 11-27-2019 12:52 PM

question: Do you have anything in writing? If it is just an estimate and they have started work, attempting to terminate could result in the filing of a mechanic's lien.

Never enter into any type of home improvement agreement without a written agreement of all the terms. This should include a start date a completion date and something known as an "abandonment clause". The abandonment clause should provide that if there is no substantial work (which should be defined) for a specified time, that the contractor will be deemed to have abandoned the project and that the agreement is automatically terminated. The termination is normally activated by written notice (e.g. certified mail return receipt). Also, the agreement should provide that no subcontractor shall be used without the written consent of the owner. The mechanic lien laws are complex. Don't agree without educating yourself.

It is not uncommon for some contractors to start work on multiple projects, thereby locking in the owners and subjecting them to mechanic's liens if they attempt to terminate.

retiredguy123 11-27-2019 01:08 PM

Quote:

Originally Posted by TCRSO (Post 1697620)
question: Do you have anything in writing? If it is just an estimate and they have started work, attempting to terminate could result in the filing of a mechanic's lien.

Never enter into any type of home improvement agreement without a written agreement of all the terms. This should include a start date a completion date and something known as an "abandonment clause". The abandonment clause should provide that if there is no substantial work (which should be defined) for a specified time, that the contractor will be deemed to have abandoned the project and that the agreement is automatically terminated. The termination is normally activated by written notice (e.g. certified mail return receipt). Also, the agreement should provide that no subcontractor shall be used without the written consent of the owner. The mechanic lien laws are complex. Don't agree without educating yourself.

It is not uncommon for some contractors to start work on multiple projects, thereby locking in the owners and subjecting them to mechanic's liens if they attempt to terminate.

I agree with having a written contract with a stated completion date. But, all of this can be avoided by just refusing to pay for work that has not been done. If it is a large project, I may agree to a partial payment, based on completed work, but only if they will accept a credit card. But, I would never pay any money for work that has not been performed. If they can't finance their work, I'll find another contractor who will.

New Englander 11-27-2019 05:00 PM

Quote:

Originally Posted by kathryn ann (Post 1697466)
Yep we sure did, I,m afraid we will probably have to hire an attorney

Sorry, but BIG mistake.

New Englander 11-27-2019 05:03 PM

Quote:

Originally Posted by TCRSO (Post 1697620)
question: Do you have anything in writing? If it is just an estimate and they have started work, attempting to terminate could result in the filing of a mechanic's lien.

Never enter into any type of home improvement agreement without a written agreement of all the terms. This should include a start date a completion date and something known as an "abandonment clause". The abandonment clause should provide that if there is no substantial work (which should be defined) for a specified time, that the contractor will be deemed to have abandoned the project and that the agreement is automatically terminated. The termination is normally activated by written notice (e.g. certified mail return receipt). Also, the agreement should provide that no subcontractor shall be used without the written consent of the owner. The mechanic lien laws are complex. Don't agree without educating yourself.

It is not uncommon for some contractors to start work on multiple projects, thereby locking in the owners and subjecting them to mechanic's liens if they attempt to terminate.

That's exactly what some contractors do.

PoolBrews 11-27-2019 06:06 PM

We used Kilcrease over a year ago for a huge birdcage project. I had to constantly call to keep them on task and, as you have stated, communication is terrible. When you get him, he always has some type of excuse and ends with "have a blessed day". Nothing very "blessed" about the way he runs projects. When our slab was completed, the concrete they poured was terrible. He never offered to redo it, just said it would be covered up by the texture we were applying. I would never recommend him to anyone, and am sorry you are going through this.

Luckily, the folks he had doing the birdcage were very good, so my cage looks great. I heard that that crew left him for another company, so I don't know who he has now.

We have since installed a pool. The pool company (Premier Pools of Central Florida) has been fantastic. Based on their recommendation, we went with thin pavers over the old concrete. Now it looks fantastic, and I never have to look at that horrible concrete job again!

rufflesmom 11-27-2019 06:16 PM

TCRSO and Retired Guy123, excellent information for all of us. Thank you. I knew about getting he written start and end date, as well as a very detailed written contract of what the job is, but I didn’t know NOT to pay them ahead for any work that is not done yet or the “abandonment clause” which I read about alot on here and other blogs through the years. I will remember your important words the next time I have a job done. PS. As well as the subcontractor clause. Thanks. Kathryn ann, I really hope all goes well with your lanai and screened porch.

eyc234 11-27-2019 09:54 PM

Had the same issues with them and would not recommend to dig a hole in my yard.

villagetinker 11-27-2019 10:30 PM

Its really too bad, we used them for a birdcage project (800 sq. ft.) about 4 years ago, all went very well, but I credit this with the subcontractor, Joseph Sweeting LLC who were excellent. We only paid on an as completed basis, and made sure we got the removal of all liens before we paid the final bill. As noted above, contact Seniors Against Crime, and file a complaint with them, this should either get your project finished, or some of you money back to finish with another contractor.

TCRSO 11-28-2019 09:26 AM

See Florida Statutes Section 489.126 concerning contractor obligations and how to terminate if certain conditions are met.

OhioBuckeye 11-28-2019 09:26 AM

I know some people don’t agree with me when I say that a lot of contractors aren’t real fair to us seniors when it comes to do good work & what they charge us. I won’t say anymore but like some people said in some of these comments, don’t pay until job is done & check there work daily. Like someone said they should be able to finance the job until it is complete & if they can’t they must not be making any money to support there business. Good Luck!


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