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View Full Version : Patio Contractors Not Doing Job, Legal HELP!



Sid_Vicious
06-19-2007, 07:21 PM
I made a deal last week to have a patio replaced, bought materials, and a scant amount of the job is done, but no money given in advance. The projected completion at deal time for finish(undocumented) was said to be done by the weekend. Now, I am not getting any replies to voice mails, the guy used to always call back even without a request, but now ironically does not answer nor return a call.) The haven't showed up on pristene work days, today was supposedly the second new deadline for completion from the last time I actually DID talk with the one guy Sunday.

Can anyone give me an experienced piece of advice as to how I run these guys off and allow a different set of people to complete what little has been done so far? I am really pissed off at the current situation, I have people ready to pick up and do the completion, yet I fear the confrontation of "Well, you owe us this major portion of what we've done." Remember, I can not even get them to call back when asked. I am presently waiting after leaving another voice mail about 8PM today after seeing nobody showed to do anything, that tomorrow HAS to be the finish, else I will have a new set of workers finish and leave them unpaid.

HELP! How do I run these guys off???sid

Drop1
06-19-2007, 07:51 PM
File a charge of abandonment in small claims court. The guy won't show up,and then you bring in the other illegals /ccboard/images/graemlins/grin.gif. keep your self covered,an oral agreement,is an enforceable contract.

sack316
06-20-2007, 05:32 AM
<blockquote><font class="small">Quote Drop1:</font><hr> keep your self covered,an oral agreement,is an enforceable contract. <hr /></blockquote>

True, and the way I see it the contract has already been broken by the company for not completing the task by not just one, but two deadlines!

It's been a while since I've brushed up on my law studies, but I think you should be safe in allowing the new crew to do the work. I'm not sure exactly what (if anything) you have in writing with the original company, though. I'd do my best to have some kind of cantact with them to issue the ultimatum of "get it done in X amount of time or your out of a job", as you mentioned. Also keep a detailed record of EVERYTHING that has happened, just in case. Especially the times you've attempted to contact them in vain.

Hope it all gets done as painlessly as possible!

Sack

Rich R.
06-20-2007, 07:03 AM
<blockquote><font class="small">Quote sack316:</font><hr> <blockquote><font class="small">Quote Drop1:</font><hr> keep your self covered,an oral agreement,is an enforceable contract. <hr /></blockquote>

True, and the way I see it the contract has already been broken by the company for not completing the task by not just one, but two deadlines!

It's been a while since I've brushed up on my law studies, but I think you should be safe in allowing the new crew to do the work. I'm not sure exactly what (if anything) you have in writing with the original company, though. I'd do my best to have some kind of cantact with them to issue the ultimatum of "get it done in X amount of time or your out of a job", as you mentioned. Also keep a detailed record of EVERYTHING that has happened, just in case. Especially the times you've attempted to contact them in vain.

Hope it all gets done as painlessly as possible!

Sack <hr /></blockquote>
I agree with Sack.
I would also add that any ultimatum should be in writing and it should be sent via certified mail, and possibly notarized. That should cover your tail.

Sid_Vicious
06-20-2007, 07:54 AM
There's a few grey areas. The person I found is in the business of overhead door repair, and I can surface that identity concerning the guy. He is local, 3 miles and rural, just a good ol country boy as I thought, but now...? Mailing any correspondence is at present, a problem, all I really have is a first name and a overhead repair business name. BTW it rained again last night so I've had many 4x8 sheets of particle wood now probably beginning to swell. The kept telling me it was ok because it was semi covered ny the treated lumber, but that is not the case as of yesterday. I'd have slit them in the garage but that would have only given them the excuse of not having access while I am at work.

Any documentation so far will be cell calls, which haven't been returned, and a hand drawn diagram from him on his projected work plan. The name can be gotten, but it was as I said, by verbal agreement. I did call and leave another message late yesterday saying I was giving him today or else I'd get someone else, but there's been no reply.

Thanks. sid

Gayle in MD
06-20-2007, 09:21 AM
The no reply, ends your problem. Main problem now, do you really wante to use any wood that is already swelling from rain? I wouldn't build a deck with that wood, if I were in your shoes.

I don't see where you have any problem, other than the wood. Failure to finish when promised, unless another agreement was negotiated after the failure to complete, is a legal end of the contract, they brokd the contract, no you, verbal or otherwise. I doubt these are the kind of guys that go to court anyway.

Love,
Gayle

Sid_Vicious
06-20-2007, 08:44 PM
After leaving the "tomorrow's your deadline or no pay", I found the helper, the actual patio builder in reality, was here with his GF, working and having the deck 90% done, to be finished tomorrow when I get home. The original guy got his panties in a wad about something, none of us knew why, and the real carpenter had pay coming and said, "I'm going to finish this and get paid" to his friend, so it's getting completed. All is well, and BTW, the GF was hot! and ran a bad nail gun, smart-minded in building. Women, they'll take over the world. /ccboard/images/graemlins/wink.gif

Thanks big time everyone. I expected a lot of extended grief, but it's coming together. sid

Gayle in MD
06-21-2007, 10:04 AM
Great! Glad things worked out for you friend...

Love,
Gayle /ccboard/images/graemlins/wink.gif

Deeman3
06-21-2007, 10:32 AM
<blockquote><font class="small">Quote Sid_Vicious:</font><hr>
HELP! How do I run these guys off???sid <hr /></blockquote>

<font color="blue">Sid,

Sorry I'm late with the advice but I'd recommend a .357 or at least .38 caliber. If the ever present pacifist in you won't allow that, I'd hire a spokesman to tell them, "get the hell off my property before I kill and eat someone."

Sid, I love you like a brother but sometimes you really need adult supervision. /ccboard/images/graemlins/grin.gif </font color>

DickLeonard
06-21-2007, 10:44 AM
Deeman most poolplayers are just children at heart. We fall in love with a game. I have a sixty year love affair.####