How do I get my money back from a contractor? - Page 2

[ARCHIVED THREAD] - How do I get my money back from a contractor? (Page 2 of 2)

Posted: 12/4/2007 9:40:19 PM EDT

[#1]

Go to a friends house and get him to call and get an estimate. When dude shows up confront him. If he doesn't pay you the money back go to another friends house and get him to call for an estimate.

This time when dude shows up dump a 32 gallon trash can of ice water on his head after he rings the doorbell (it's cold in PA in November) and then have your buddies run around the corners of the house and beat his ass with sacks of oranges (he will bruise less, if at all).

OR

Call his mother at her house and ask her if she can have her son call you about the $1,000 he stole from you.

The absolute best is if you live in a medium sized town and you do some information gathering. If you call his favorite bar, his barber shop, his mom, his personal trainer, and his morning coffee stop and tell his bartender, barber, mom, trainer, and coffee girl you would appreciate it if they would ask dude to call you he will get pissed/ freaked. Give em each $5, they will make it happen.

Posted: 12/4/2007 10:48:44 PM EDT

[#2]

height=8

Quoted:
If the guy owns any property for sale hit him with a mechanic's lien. This will cause all the titles he holds to not be clear and all his assets will be f'd. I had to do this to the general contractor on my house when the friggin' driveway collapsed a few months after moving in. After melting my phone with profanity he was at my house with a backhoe fixing the driveway literally within hours. It doesn't matter if the lien is for $1.

In most states the mech lein is only good for 90 days or until you win in court, then you can force sale of the property. If you don't win or 90s is up , then by law you must retract the lein or face legal BS yourself.

I've been in business in CA for ~6 years now and have been ripped off by more homeowners who just refuse to pay, that's why I require 10% or 1K just to make sure they're serious and are able to pay when complete. By the way small claims is a JOKE and dishonesty sucks on both sides.

Posted: 12/4/2007 10:55:06 PM EDT

[#3]

Quoted:

Quoted:
If the guy owns any property for sale hit him with a mechanic's lien. This will cause all the titles he holds to not be clear and all his assets will be f'd. I had to do this to the general contractor on my house when the friggin' driveway collapsed a few months after moving in. After melting my phone with profanity he was at my house with a backhoe fixing the driveway literally within hours. It doesn't matter if the lien is for $1.

In most states the mech lein is only good for 90 days or until you win in court, then you can force sale of the property. If you don't win or 90s is up , then by law you must retract the lein or face legal BS yourself.

I've been in business in CA for ~6 years now and have been ripped off by more homeowners who just refuse to pay, that's why I require 10% or 1K just to make sure they're serious and are able to pay when complete. By the way small claims is a JOKE and dishonesty sucks on both sides.

Yeah, right? I get something down even on $500 orders. Frequently, when I don't, I plan a day of work at their house, and call before I come and they say "Oh, we decided not to do that," or "Something's come up."

I have turned down several orders because people did not want to put anything down. Oh, well. There is a huge amount of business in my area, but a real shortage of reliable contractors. With me, you pay a little down, but you get a damn fine job. With some others, you might get out of a down payment, but you better hope your stuff turns out right. That's just the way it is around here.

Posted: 12/4/2007 11:03:04 PM EDT

[#4]

Quoted:
never pay in advance, if the contractor doesn't have the means to buy the materials without front money from you find another contractor.

Wrong.

We are not banks. The law allows us to ask for $1000 or 10% of the contract ammount upon signing, whichever is less.

Posted: 12/4/2007 11:05:17 PM EDT

[#5]

Quoted:

Quoted:
never pay in advance, if the contractor doesn't have the means to buy the materials without front money from you find another contractor.

Wrong.

We are not banks. The law allows us to ask for $1000 or 10% of the contract ammount upon signing, whichever is less.

Depends on the State. I can ask for however much I want, as long as it is agreed upon in writing, and there are set dates and specifics to the contract.

Posted: 12/4/2007 11:06:08 PM EDT

[#6]

I'm not sure, but you're going to need more magazines.

[Evil voice]More ammo and more magazines.[/Evil voice]

Posted: 12/4/2007 11:06:17 PM EDT

[#7]

What he said! I now charge for all change orders up front, because some people think that 8 hour changes without material don't cost anything, and want to negotiate after it's done.

Posted: 12/4/2007 11:12:05 PM EDT

[#8]

Quoted:

Quoted:
never pay in advance, if the contractor doesn't have the means to buy the materials without front money from you find another contractor.

Wrong.

We are not banks. The law allows us to ask for $1000 or 10% of the contract ammount upon signing, whichever is less.

Depends on the State. I can ask for however much I want, as long as it is agreed upon in writing, and there are set dates and specifics to the contract.

Yes, that is a Ca law, and always gets invoiced upon their signing.

My SECOND invoice is for "Commencement of Work", in the ammount deemed necessary by me for materials/deposit upon MY signing of the contract

* $1,000 won't buy shit to begin a project.

Posted: 12/4/2007 11:19:11 PM EDT

[#9]

Thankfully, I specialize in smaller jobs. I can handle bigger jobs (I have a full fledged custom wood and metal shop), but (and maybe I am just ADD) I fare better mentally when I am in and out and on to a new site in a few days.

Posted: 12/4/2007 11:26:56 PM EDT

[#10]

To the OP- if I was in your contractors shoes (and I'm not the type), what would make the most trouble for me is if you went to the Architect (probably a reliable source of work for the contractor).
Explain to him calmly the situation, see what he has to say about it and ask him to get back to you.
If nothing happens in a couple of days, tell the architect how disappointed you are in HIM and that you won't be referring him to any of your friends. This will hit home and cause a chain reaction.

Personally, I wouldn't be in business if not for my references. Most contractors are the same way, and those who don't get it get weeded out fairly quickly, at least around here. Good luck.

Posted: 12/5/2007 3:53:05 AM EDT

[#11]

Quoted:

Quoted:
never pay in advance, if the contractor doesn't have the means to buy the materials without front money from you find another contractor.

Wrong.

We are not banks. The law allows us to ask for $1000 or 10% of the contract ammount upon signing, whichever is less.

Depends on the State. I can ask for however much I want, as long as it is agreed upon in writing, and there are set dates and specifics to the contract.

IIRC, CT allows up to 50% down on contracts, but I almost always see either 10% or 25%.

Around here, if a customer balks at a down payment (due at contract signing), then that is a major red flag.

ETA: I usually set up payment schedules in a way that keeps me ahead of the game until completion of the job. This way, if the customer tried to screw me, I can simply stop the job at that point and I won't be up the creek. Generally, the final payment is what my "profit" would be, so if by chance I never saw final payment all my costs are paid, I just don't see any profit. However, this has never happened, thankfully.

Posted: 12/5/2007 5:14:08 AM EDT

[#12]

Quoted:
To the OP- if I was in your contractors shoes (and I'm not the type), what would make the most trouble for me is if you went to the Architect (probably a reliable source of work for the contractor).
Explain to him calmly the situation, see what he has to say about it and ask him to get back to you.
If nothing happens in a couple of days, tell the architect how disappointed you are in HIM and that you won't be referring him to any of your friends. This will hit home and cause a chain reaction.

Personally, I wouldn't be in business if not for my references. Most contractors are the same way, and those who don't get it get weeded out fairly quickly, at least around here. Good luck.

So far all I've done is call and leave three messages for him to call me, which he ignored.

I have to plan this carefully, I don't want to give the guy a single excuse to play the victim.

Posted: 12/5/2007 5:24:07 AM EDT

[#13]

OK, I'll ask again. What does your written contract say?

All legitimate contractors have contracts. They include, at a minimum; what, where, when, and how much.

I ask this as a licensed, bonded, and insured general contractor in the State of Arizona.

Posted: 12/5/2007 5:35:55 AM EDT

[#14]

This is what will happen in small claims court.

You'll show up, he wont.

You will win by default.

The contractor will have to fill out a form stating his holdings (everything will be in his wife's name so he'll say he has nothing)

You wont get one cent out of him.

You can re-file every 7 years but you'll still get nothing.

I dont give a damn what anyone else says about paying in advance, don't do it!
Get an account at Home Depot and ask what he needs and buy it on your own or if he needs something have him call from the store to ok the purchase.

BTDT. It sucks.

Pull a credit request on him, you'll see his rating is around 12. He's done this many times before and knows the game.

Posted: 12/5/2007 5:37:38 AM EDT

[#15]

You could always see this guy:

Posted: 12/5/2007 5:48:30 AM EDT

[#16]

Quoted:
Am I ever glad that I only gave him $1000.

If I don't see it again, I'll just chalk it up to part of the cost of doing the work.

It's really sad -

You cannot get a contractor to show up.

You cannot get them to make a bid.

You cannot get them to start work.

You cannot trust them with a deposit.

It like the professionalism is non-existent.

My sister needed about $20,000 worth of heating and cooling work done and she could not get anyone to take the work because the work involved going up into an attic, which was "too much of a pain in the ass".

sheesh

I'm just going to forget about getting any kind of remodelling work done in the future.

Fuck this noise.

That is contractors for you. I helped my dad with the building of two houses so I feel for you. Contractors never show up when they say they will, they do everything half assed, and you have to fight them the entire time. They also try to overcharge you for everything. Double check all of their math when they gove you an estimate. There is a very good chance that they are padding their numbers.

Posted: 12/5/2007 5:55:12 AM EDT

[#17]

You'll probably never see the money again regardless of what you do.

If I were you, I'd find out where the guy lives.... then go smash all the windows out of his car.

At least it will make you feel better.

Posted: 12/5/2007 6:23:13 AM EDT

[#18]

Quoted:
This is what will happen in small claims court.

You'll show up, he wont.

You will win by default.

The contractor will have to fill out a form stating his holdings (everything will be in his wife's name so he'll say he has nothing)

You wont get one cent out of him.

You can re-file every 7 years but you'll still get nothing.

Truer words were never spoken. Small claims court is where you win a moral victory, not a real one.

Posted: 12/5/2007 6:26:13 AM EDT

[#19]

Quoted:
That is contractors for you. I helped my dad with the building of two houses so I feel for you. Contractors never show up when they say they will, they do everything half assed, and you have to fight them the entire time. They also try to overcharge you for everything. Double check all of their math when they gove you an estimate. There is a very good chance that they are padding their numbers.

You certainly want to be an educated customer, but "padding their numbers" is a pretty vague accusation.

Of course they pad their numbers. What's the point of being in business if you can't make money?

Isn't that what PROFIT is?

Posted: 12/5/2007 6:28:29 AM EDT

[#20]

Quoted:
OK, I'll ask again. What does your written contract say?

All legitimate contractors have contracts. They include, at a minimum; what, where, when, and how much.

I ask this as a licensed, bonded, and insured general contractor in the State of Arizona.

the contract is a piece of crap, a joke. i screwed up. lesson learned.

Posted: 12/5/2007 6:32:01 AM EDT

[#21]

Quoted:

Quoted:
OK, I'll ask again. What does your written contract say?

All legitimate contractors have contracts. They include, at a minimum; what, where, when, and how much.

I ask this as a licensed, bonded, and insured general contractor in the State of Arizona.

the contract is a piece of crap, a joke. i screwed up. lesson learned.

It wouldn't have mattered anyhow. If he violated the contract, see my post above.

There is a special place in my heart for GC's.

Posted: 12/5/2007 6:33:58 AM EDT

[#22]

Quoted:

Quoted:
OK, I'll ask again. What does your written contract say?

All legitimate contractors have contracts. They include, at a minimum; what, where, when, and how much.

I ask this as a licensed, bonded, and insured general contractor in the State of Arizona.

the contract is a piece of crap, a joke. i screwed up. lesson learned.

That blows. Sorry you had to experience this. From this point forward, always make sure:

1. The contractor is licensed AND insured.

2. Always use a contract. Make sure the contract has the license number clearly written on it.

3. Always make sure the contractor goes over the contract with you in person and then put the contract away for a few days to think about it. Then have someone else look at it, too, in case your eyes miss something.

4. Use your spidey sense. Avoid "Used Car Salesmen." They stick out like a sore thumb.

Posted: 12/5/2007 6:36:10 AM EDT

[#23]

Quoted:

Quoted:
OK, I'll ask again. What does your written contract say?

All legitimate contractors have contracts. They include, at a minimum; what, where, when, and how much.

I ask this as a licensed, bonded, and insured general contractor in the State of Arizona.

the contract is a piece of crap, a joke. i screwed up. lesson learned.

That blows. Sorry you had to experience this. From this point forward, always make sure:

1. The contractor is licensed AND insured.

2. Always use a contract. Make sure the contract has the license number clearly written on it.

3. Always make sure the contractor goes over the contract with you in person and then put the contract away for a few days to think about it. Then have someone else look at it, too, in case your eyes miss something.

4. Use your spidey sense. Avoid "Used Car Salesmen." They stick out like a sore thumb.

He was recommended to me by the architect.

Posted: 12/5/2007 6:49:57 AM EDT

[#24]

Ok, you've tried calling the contractor and he's dodging you. Next step is send a return receipt required letter to him asking for your money back...This starts the paper trail. Be polite and firm in the letter. Say plainly that if you haven't received a response in xx business days (I'd give him 10 business days) you're going to be filing with small claims

Then, contact the architect and outline your efforts to date, ask him if he's seen this action by the guy in the past or if he know's of any reason for this problem. (He hasn't, that's why he recommended him in the first place) but at least you've asked.

After 10 dayss with no response, file the claim...of course, go ahead and fill everything out now, since you know this guy won't respond...but on the morning of the 11th day, the paperwork hit's the court system.

Yes, the guy may not show up and if he doesn't, you win by default...if he does, be ready with your facts. What reasonable expensies may he have incurred in filing your plans? Those may be deducted from your settlement.

If you file the paperwork, make sure to name his business so that you can attach any assets the company may have.

Posted: 12/5/2007 6:58:12 AM EDT

[#25]

Where I live, the word of every building trades contractor is suspect, at best. If I need to hire someone, the contract has to have a date for the work to start, and a completion date. That's the only way to get the work started, let alone get it finished.

These folks have been spoiled by several years of booming construction and they want to cherry pick jobs.

Posted: 12/5/2007 8:24:37 PM EDT

[#26]

Wait a second, if he signed a contract and has your money and it is over $500 then in TN I would go to the police station and talk to a detective and then file a felony warrant on him for theft.

You need to check your local laws, he signed a contract to exchange services for cash, what he has done is the equivalent to theft.

[ARCHIVED THREAD] - How do I get my money back from a contractor? (Page 2 of 2)

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