We built a house, and hired a guy/contractor, Clint Dellinger of Dellinger Construction to do 90% of the labor work. We have a verbal agreement, and paid Clint with multiple checks (we have copies of all with our bank). We started construction last year and moved in on June 1st 2009. We paid him to do the framing, drywall, painting (and more about 40K), plus the cost of all the paint - we still need the baseboards, doors (in and out), walls, outside trim and outside siding painted, downspout installed, patch work done on parged foundation walls and painted, garage pull down installed, garage cleaned of mud and painted, overspray removed from outside and windows, and decks stained. At first, he was a great help, he went above and beyond, so we immediately paid him when each job was finished. When we finally got to the end of the project, the economy went down and he needed to pay his guys and needed all of his money, before he could do the final punch list on the home. So, we happily paid him all that was due, MISTAKE.
My husband has called, and left voice messages over 50 times (each time getting progressively more demanding). He has spoken with Clint several times, where Clint has promised to come out and finish and fix these issues, But he has failed to show up, Now he will not return our calls.
When we finally closed with the bank on our additional equity loan; I asked the banker what to do about the issue and she referred me to a lawyer, the lawyer kindly told me that we would spend more money with legal fees and then we are still not guaranteed that Dellinger Construction will complete the work or repay any of the money for the labor.
We just want to move on with our lives, get into this house completely and start raising our child in a lower STRESS environment. We moved from our house in Charlotte in May of 2008, in with our in-laws for 12 months and finally into our new house, which has been the basis for a lot of arguments. We really want Dellinger Construction to finish the work he was paid to do, or kindly pay for someone to finish the work.