Sometime in September I spoke to my friend’s brother who owns a construction company about renovating my basement, after doing an estimate, we decided to go ahead with the project. The completion date was set for December before Christmas, everything was on track, and was going according to plan, right around November things started to slow down with the progress of the basement. He was busy with other jobs so I understood, he still re assured me that the basement will be complete by the proposed time, December 20th to be exact. That day came and gone and my basement was still not complete but we have paid him in full. We let it slide due to my wife being pregnant at that time and we were expecting, we figured if the baby came we didn’t want any work being done at the house until she was settled in. That wasn’t an issue either since my contractor had a little accident and couldn’t do any work.
Now the basement is still in the same condition, nothing has been done, it is now mid April and he has given me a ton of different excuses as to why -- the recession, his truck was impounded and a few other excuses, bottom line is my basement is still not finished. My mistake to begin with was mixing business with friends and I can admit that, but now I am trying to figure out what my course of action should be? I’m pretty close to hiring someone else to finish the job and then sort out a way to get reimbursed for the cost but then am I just being too passive because he is the brother of one my closest friends? Or should I just pursue this through litigation? He did mention that he might be claiming bankruptcy at one point during our correspondence so I am not sure what will happen if he does go bankrupt. Any thoughts?