Author Topic: READ THIS!!! READ THIS!! READ THIS!!  (Read 11411 times)

Offline yoohooblue

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #15 on: December 04, 2006, 01:15:59 AM »
The advice here is great, let it go.

BUt, if you do want to pursue it, know that the contractor is BS'ing you. I'd egg him on to take me to court. That way, you have him admitting that there is a verbal contract.  If both people agree, then it exists. When he's under oath, in front of a judge, it's going to be a lot harder for him to lie.

Then present all your evidence and the fact that he hired other painters to finish your work. Let it be known that other trades kept you from finishing etc, etc.

Take pictures, anything you can. Then ask for damages in addition to what he owes you.

It's only small claims anyway.

Offline rmichael

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #16 on: December 04, 2006, 07:14:46 PM »
Quote
You would be amazed how much more reasonable a general is willing to be if they find out that you are not some drunk with a pickup truck, an airless and an empty bank account.

Unfortunately, that is the unjustified stigma that surrounds this Trade.
 
In my 25 years in the Trade I have only threatened legal action once. Nonpayment is a rare occurrence unless there is a miscommunication between the painter and the customer, be it a general contractor or a private homeowner. The very best protection is a detailed contract and written addendum.
My previous point is to use common sense when considering legal action. Potential legal costs and practical losses have to be weighed against the maximum monetary recovery. In some cases more is gained by documenting the loss to your CPA.

rmichael
Pro Painter 30 years ~ Down East Coastal NC

"Hell Son, It's always been about the work."

Offline MPPainting

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #17 on: December 22, 2006, 08:54:26 PM »
That son of a !!!! tried to give me another invoice for over $2000.00.  He's a real scumbag.  We got into a big argument on the steps of the customers house about how I owed him money and I didn't want to pay him.  I thought I was doing the right thing by finishing the job I was on instead of just walking away.  He handed me a bill for $623.00 for materials we used at my house, I then informed him that I also had invoices that I never turned in because I thought we were going to barter everything like we did in the past.  He wasn't too happy with this and said he wouldn't accept them because he said I should have done all that for free because he provided me with work.  I didn't have them on me so I couldn't give them to him right there, but when I got home I emailed them to his house right away.  That was Friday night.  On Saturday morning he shows up about 3 hours later then he said he was going to be there but this time he had a bullshit invoice for $2080.00 for work he performed at my house and backcharges for two other jobs I did.  One was installing a door at a customer's house of his that only needed to have some adjustments made and the other was for fixing a wall in a bathroom that I painted at his house.  Those two things alone added up to $800.00.  I only charged him $100.00 to put in the door and about $350.00 to paint the entire bathroom.  Again we got into a big argument right in the customers driveway, nice.  The carpet guy watched the whole thing and he said it looked like I chased him off the job.    On the invoice it stated that he wanted to paid in full within 10 days of receiving the invoice or I would get sued. I got a little worried because he has more money than me so I went and saw a lawyer. It cost me $150.00 bucks but it was totally worth it.  He basically told me to walk away from any other duties I may have had on the job and not to worry.  Because the work was done at my house and a contract was never signed, I can legally sue him for CONSUMER FRAUD!!!!  By doing the work at my   own house I no longer was a sub-contractor but a homeowner!!!  That was about a week ago and I'm still waiting for him contact me.  I really hope he does.  Not only can I sue him for that but he also put penalties on his invoice for not paying which are against the law too.  And to top it off he likes to hire un-insured/un-licensed contractors which can cost him thousands if I decide to report him for that.  I just might do that though because I can do the annonymously.  I thought all the hoops that New Jersey is making contractors  jump through were bull-crap but now I understand why they are doing it!!!  PEOPLE LIKE THIS NEED TO BE STOPPED!!!!  I've seen too many of his customers get screwed over and not be able to do anything about it or they just pay him to get him out of their house.
« Last Edit: December 22, 2006, 11:10:08 PM by admin »
Michael P Darnell Jr
Michael Phillip Painting LLC
www.michaelphillippainting.com

Offline rmichael

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #18 on: December 22, 2006, 11:20:39 PM »
MP~

Sounds like a " Mexican Standoff ".. :-\  Rise above it and walk away knowing that your professional integrity is in tact...  ;)

Best Luck
rmichael
« Last Edit: January 06, 2007, 01:04:41 PM by rmichael »
Pro Painter 30 years ~ Down East Coastal NC

"Hell Son, It's always been about the work."

Offline MPPainting

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #19 on: December 23, 2006, 11:09:12 AM »
Yeah, I'm not gonna do anything from here on out.  It's just nice to know that I have a "bigger gun" than he does, in case I need to use it.  But I'm still on the fence about reporting him to the state about hiring unlicensed contractors. Its bad enough the guy was slow almost no pay but then when he gloats about he has been grossing over one million a year then why can't he afford to pay his subs?
Michael P Darnell Jr
Michael Phillip Painting LLC
www.michaelphillippainting.com

Offline Lynjowoman

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #20 on: December 23, 2006, 11:21:25 AM »
Mike

Think twice,act once! May end up hurting yourself instead.


Lynjo
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Offline ProWallGuy

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #21 on: December 23, 2006, 07:34:58 PM »
I refrained from posting in this thread until now.
So was a lesson learned?
Will you be using a signed document (IE CONTRACT) from here on out?

Vin

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #22 on: December 24, 2006, 12:56:35 PM »
MP I'd turn him in save alot of other people the misery your going thru he needs to be stopped in his tracks .

Offline Tallman

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Re: READ THIS!!! READ THIS!! READ THIS!!
« Reply #23 on: December 25, 2006, 01:53:54 AM »
I'm so glad you spent the money for a lawyer and figured out how to solve your dilemma.

Report the guy for hiring illegals for cash.  Grossing a million dollars and not paying his guys legally is despicable. 

Work is sporadic for my guys now and the least I can do for them is make sure they get their unemployment.
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