Problems with patio project put neighbors at odds

A patio project gone wrong has friends and neighbors fighting over thousands of dollars. Some of the problems involve the contract the two sides agreed to before the project started.

Jim and Charlotte Davis hired their friend and neighbor Daniel McNichol, of McNichol Contracting, to build their dream patio.

"We’ve seen his work, and we really knew that it couldn’t be anyone else because of the close relationship that we had with him," Jim Davis told 5 On Your Side.

Work was going slow, and Davis had another $5,000 payment coming up, so he says he asked McNichol for an update.

"My next payment is gonna have me at 80% of the job with this right here and I said we need to talk about it where are we next," Davis says he told McNichol. "Immediately, without communication, he pulled the friends and family discount and said here you go, now it’s $6,000 more."

That pushed the cost of the project from $24,000 to just under $30,000.

"As long as you’re going to hold me hostage for $6,000, we have nothing left to talk about," Davis said about his conversations with McNichol.

After that, Davis says he discovered several serious and costly problems with McNichol’s work. The most egregious was the fire pit gas line. It was installed incorrectly and without a permit. The town of Garner put a stop work order on Davis’ property because of it.

"Somehow he needs to be held accountable," Davis said about McNichol. "He did very dangerous gas work at my house."

Davis says McNichol wasn’t even supposed to install the gas line. It wasn’t in the project contract. That was one of several things Davis says was missing or incorrect from McNichol’s contract and paperwork.

"I don’t like to lose friends and I don’t like to feel used and I feel both," Charlotte Davis said.

Davis and McNichol still haven’t settled their dispute. McNichol initially emailed 5 On Your Side saying he wanted to share his side of the story, but has since stopped responding to calls and emails. His attorney hasn’t responded to messages either.

It can be tough to know what to include in a contract when you’re hiring someone to do a project at your home, so 5 On Your Side spoke with attorney Brian Schoolman who practices law in this area.

"I’d like to see that the scope is well defined — what the contractor is expected to do," Schoolman said as a starting point.

The more details the better, but here are a few areas to focus on according to Schoolman:

• Define the beginning and end of the project, with dates when possible.
• Clearly lay out when payments will be made as milestones are reached along the way and whether money will be withheld from each payment until the project is completely finished.
• Ask for an itemized quote, including a breakdown of materials and what is and is not included in the agreement.
• Ask what permits and inspections are required to get the job done properly.
• A contractor must be a licensed general contractor if the project cost is $40,000 or more – you can verify the license online.
• It’s OK to read and try to negotiate a contract.

"If a contractor is afraid of letting you read the contract, is afraid of letting you try to negotiate, is afraid of letting you review it with a lawyer, that is a warning sign," Schoolman said.