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-   -   My 74 year old neighbor's contractor problem (http://www.peachparts.com/shopforum/off-topic-discussion/164390-my-74-year-old-neighbors-contractor-problem.html)

Kuan 09-12-2006 04:04 PM

My 74 year old neighbor's contractor problem
 
My neighbor is 74. She paid in full to have some landscaping done. All that's left to do is some mulch and removal of some stumps. The guy still needs to remove two small bushes. Thing is, the guy has gone AWOL. Numerous phone calls, no answer, messages left, no callback. She's decided that she'll just "live and learn" and move on.

However, I, cannot let it go. It peeves me that people take advantage of a 74 year old like that. Actually, it pisses me off! I don't think she has the energy to take it to small claims. Does she have any other recourse?

Whiskeydan 09-12-2006 04:07 PM

Perhaps you or another neighbor might need some very expensive landscape work done.
When/if he shows up. Ask him how the job next door is going.

Kuan 09-12-2006 04:12 PM

Quote:

Originally Posted by Whiskeydan (Post 1274412)
Perhaps you or another neighbor might need some very expensive landscape work done.
When/if he shows up. Ask him how the job next door is going.

Oooh good idea. :)

cmac2012 09-12-2006 04:20 PM

Yeah, not bad. Perhaps say you're trying to decide which contractor to go with. After he finishes your neighbor's work, "We decided to go with the brother in law of a guy I work with."

Mistress 09-12-2006 04:29 PM

Take the s.o.b. to court. The same thing happened to me, with whip in hand and a tenacious appetite I dragged his scrawny behind to court and guess what? MISTRESS WON, I received my first payment last Friday night, it came sailing under my door....

Whiskeydan 09-12-2006 04:30 PM

Just make sure your needed work doesn't include the removal of stumps.
Make it something easy.
Lets hope he isn't a lurking MB fan.

riethoven 09-12-2006 04:41 PM

Quote:

Originally Posted by Mistress (Post 1274435)
Take the s.o.b. to court. The same thing happened to me, with whip in hand and a tenacious appetite I dragged his scrawny behind to court and guess what? MISTRESS WON, I received my first payment last Friday night, it came sailing under my door....

I hope you don't have to garnish his washes every week like when I won a judgement in small claims court in Florida. It was a headache but I eventually got all my money.

riethoven 09-12-2006 04:45 PM

Number one rule with contractors. NEVER give them all the money. Always hold some back to give them an incentive to come back.

If this guy has any kind of license to do his trade contact the state or county and report him. If he has a local business license contact the local authorities and see if you can get his license pulled. Play hardball with the dirtbag, but do it diplomatically so he doesn'e know what hit him. Guys like that make me sick.

cmac2012 09-13-2006 03:45 AM

Quote:

Originally Posted by riethoven (Post 1274464)
Number one rule with contractors. NEVER give them all the money. Always hold some back to give them an incentive to come back.

If this guy has any kind of license to do his trade contact the state or county and report him. If he has a local business license contact the local authorities and see if you can get his license pulled. Play hardball with the dirtbag, but do it diplomatically so he doesn'e know what hit him. Guys like that make me sick.

Yup. I would never ask for full payment before the work is done. I do like to get it in bits and pieces so I don't get screwed, but I always leave a sizeable chunk just to keep me motivated if nothing else.

t walgamuth 09-13-2006 07:36 AM

absolutely.

no sense in giving folks incentive to do the wrong thing. paying in advance just removes all incentive to finish. most contractors are so stressed to get the money and move on to the next job the paid in advance job just fades into the background.

like all of us really.

tom w

MBFun 09-13-2006 09:08 AM

IN NO WAY SHOULD ANY ONE FOLLOW THIS AS WHAT TO DO, DISCLAIMER NOT AN ATTORNEY. FOR AN LEGAL ADVICE COBNTACT A LEGAL REP IN YOUR AREA ON THIS SUBJECT.

Our family just lately learned this ordeal, Call the local TV company trouble shooters see what they can do NOW! Better sooner than later.
Ensure all codes are posted where they must be posted by law, prior to work being started.

Seems MANY states have adopted laws if contractors that willing take advantage homeowners and walk away from the job and neglect contract and the homeowner there are new laws in effect that even allows the homeowner to be reimbursed for their legal fees, if the homeowner wins in court over the dispute. Get a specialized attorney that deals with this sort of thing, not a general attorney!

Documentation documentation documentation, pics pics pics, dates/notes of all conversations, dates/notes of every pic, dates/notes of anything done in incorrectly, dates of when people call, dates when they don't show, dates of when you call them, dates of promises they made in person or on the phone.

If the job is going south to the popint you feel that your dwelling is becoming damaged to the point it has become unsafe, or your health and welfare has become disregarded by the contractors.

Dates/notes of estimates estimates estimates by other professional contractors you call (as little as 3 different) to finish the job, have them verify what is being done is correct or not. This way you will know what is acceptable and what is not unacceptable. This way you know maybe your over reacting, or your correct in your thoughts. What will it take to finish the job as is. That they alsonote what is correct and not correct by the codes of your city/county/state.

This way you have actual evidence to show a magistrate/judge in court, and not a homeowner said-contractor said. Then it's all about what attorney is best.

It's about time the legal system starts to work for the innocent.

BTW, no one in my family is an attorney, a friend is helping me write this.


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