The work is going wrong and the crew is still here. What to do first

Raising a problem mid job feels like picking a fight. Done properly it is the cheapest moment to fix anything, and the crew usually knows it before you do.

Article details
AuthorWesley Tarbox
SectionLaw & Legal
Published
Length894 words · 4 min
A tiled bathroom threshold with a short spirit level resting across two tiles
Fig. 1 — A tiled bathroom threshold with a short spirit level resting across two tiles

I spent years on the other side of this conversation, so I can tell you what it looks like from a ladder. A homeowner watches something go in that they do not like, says nothing for four days because they do not want to seem difficult, and then raises it on a Friday afternoon when the wall is closed and the crew is loading out. By then a thirty minute fix has become a two day fix, and everyone is angry about money instead of about drywall.

Almost every serious dispute over construction work started as a small correctable thing that nobody said out loud. The order below is the one that gets things fixed. It is deliberately slow at the start, because the early steps are the ones that keep the job running.

Say it the same day, to the person doing the work

If something looks wrong, walk over and ask about it. Not a complaint, a question: "Is that the finished height on that outlet?" Half the time the answer is that it is not finished, and you have just saved yourself a week of quiet resentment. The other half of the time, the person doing the work already knows it is off and was hoping nobody would look.

Trades respond to this well when it happens on the day, because a fresh mistake is cheap to correct and nobody has been paid for it yet. The same conversation two weeks later is a request to tear out finished work, which is why it goes badly. The window matters more than the wording.

Escalate to whoever holds the contract, not sideways

If the day-of conversation does not resolve it, the next call is to the person whose name is on your contract. That may be a general contractor, an owner, or a project manager. It is not the subcontractor's crew lead, and it is not another trade on site. Going sideways gets you a sympathetic nod and no authority.

Put the escalation in writing even if you also say it on the phone. A text message counts. What you want on the record is the date you raised it, what specifically is wrong, and what you are asking for. Keep it to those three things. Long emails with history and feeling in them get skimmed; three sentences with a date get answered.

Photograph it before anyone touches it

Photographs taken at the moment you notice the problem are the strongest evidence there is, because they show the condition before any remedial work muddied it. Get a wide shot that establishes where in the house you are, then a close shot of the defect, then a shot with a tape measure or a level in frame if the problem is dimensional. Do not crop, do not edit, and do not send the only copies to anyone.

What does not hold up nearly as well: your memory of a verbal promise, a photo taken after the repair attempt, and a screenshot of a text with the timestamps cut off. Any of those can be true and still be useless.

Ask for the fix, in writing, with a date

The request that gets acted on names three things: the defect, the remedy you want, and the date by which you want it done. "The tile in the second bathroom is lipped at the threshold. Please reset the affected rows. Can that be done before the shower door goes in on the 14th?" That is answerable. "The tile work is not up to standard" is not.

If the contractor disagrees about whether it is a defect, ask which standard they are working to. Most trades have published tolerances, and a good contractor will tell you what theirs are. Occupational safety is the province of OSHA, but workmanship tolerances come from trade associations and manufacturer installation instructions, and the manufacturer's instructions for the actual product on your wall are often the fastest way to settle an honest disagreement.

Hold money that is proportionate, not money that is punitive

Withholding payment is real leverage and it is easy to overuse. Holding back an amount that reasonably reflects the cost of putting the defect right is defensible and usually effective. Holding the entire final payment over one lipped tile is not, and it tends to end the working relationship at the exact moment you still need them to come back.

If you do hold money, say in writing what it is for and what would release it. That single sentence turns a standoff into a condition, and conditions get met.

Know what a reasonable outcome looks like

Some defects get repaired, some get replaced, and some get a credit because the fix would cost more than the problem is worth. All three are legitimate. A contractor offering a credit is not necessarily brushing you off; on a minor cosmetic issue in an area nobody sees, taking the money is often the better trade.

Decide before the conversation which of those three you would accept, because that decision is much harder to make while someone is standing in your kitchen waiting. Raised early, in writing, with a photograph and a date, most of these end with the work being put right and the job finishing on time, which is what everyone on both sides of it actually wants.

About the author

Wesley writes about timing, and why the same job costs differently in March.