How to Replace a Bad Contractor

Contractors do not always perform to professional standard, giving you reason to terminate them.

Sometimes hired contractors fail to perform to standard, violating contracts as well as the trust of the client or party on whose behalf the contractor was hired to provide services. Whether you hired a bad contractor to replace the roof of your home or to complete some other project for you or your business, you have options if you believe the contractor has violated the terms of the agreement. Depending on the details of the contract, you may be able to replace a bad contractor with little hassle.

Instructions

1. Review the terms of the contract. Determine the deadline, if any, by which the contract may be voided by either party without reason. Alternatively, determine if the contract contains a termination for convenience clause, which authorizes you to terminate the contract for reasons not related to the contractor's performance without having to provide reason or show good cause.

2. Review the contract to determine the responsibilities and obligations of the contractor, if the contract does not provide for you to terminate the agreement without reason. Identify with specificity the provisions of the contract that the contractor has breached. For instance, identify if the contractor has neglected deadlines or budgets or if the contractor has violated a privacy agreement outlined in the contract.

3. Draft a letter to the contractor indicating your intention to terminate the contractor for breach of contract, if applicable. Cite the specific provisions of the contract that you maintain the contractor violated. If you are unable to allege specific provisions violated, cite your reasons for terminating the contractor. For instance, cite that you believe the contractor has engaged in unprofessional conduct. Include the details of all instances.

4. Sign and date the letter and send it via certified mail to the contractor's home or place of business. Request a return receipt to verify delivery of the letter. Keep the receipt in a safe place, in case the contractor claims he was not notified of your intention to terminate services. Allow the contractor to meet with you in person, if requested, to explain your reasons for terminating him.

5. Hire a new contractor to replace the bad contractor. Revise the contract to include only work or projects that the original contractor left unfinished. Amend the terms, such as deadlines, payment schedule and other details, as necessary.

References

• HOAleader.com: Tips for Dealing with Contractors Gone Bad
• Last & Faoro Attorneys at Law; Does Your Contract Contain A Termination For Convenience Clause?; William C. Last Jr.