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    Bad Business

    <rant on>
    So last year there was a fire next door. Hired on a pressure washing company to clean the black stuff off of my fence and house. Said it would take him a week. He showed up one day, got started around 9am, finished up at 6pm. Awesome, should be done early, so I thought. He started showing up at 6pm and working only an hour. Some days he never showed up. Then we had some thunderstorms roll through for a few days...more delays. When the weather improved, back to showing up for an hour after 6pm or not showing up at all. Threatened to fire him, he said he would finish per our contract (LOL...what contract? Still wondering where our contract is!)

    He was supposed to start in July....started in August...still not finished by September. End of September I told him he wasn't allowed on my property, send me the contract/statement of the work he had done and I will pay for that. Kept asking for the contract/statement for about a week, no answer. Last communication from me to him October 7th, 2014.

    February 12, 2015.....get an e-mail and text message with a statement from a new phone number and e-mail address. Statement was dated for 12/31/14. Um, I'm pretty sure the date finished was in September. Oh well, I go ahead and submit the statement to the insurance company. He is demanding payment from me now, but I am waiting on the check from the insurance company. He wants me to pay by Credit Card. Nope! I need my financial stuff at a low level so I can get a house in Dallas. I waited for him...he can wait for the insurance company!
    <Rant Off>

    So...think I am an evil person or way too easy on the guy?

    Oh, and it occurred to me this morning, when he texted me again, why he wants to be paid by credit card. I'll bet he isn't licensed in Idaho! Which is a requirement for the banks if using DBA company titles. HA HA! He isn't! So if I make the cashiers check for him in his business name, he can't cash it. His name is nowhere on the statement, just a business title. My wife had the same problem when the rules changed last year, bet he hasn't done it. He can't even show up to work when he says he will.

    Thoughts? Comments? Lots of folks here run their own companies....is there a timeline when you need to send a statement after work is completed? I about sent his statement back to change the date to September...
    Michael "MP" Patrick (Deceased - R.I.P)

    #2
    Sounds like you've been more than fair, plus you need to cover your own ass. I wouldn't go out of your way to pay him, he obviously didn't go out of his to finish your house.
    Rob Pivovarnick, AIA
    Senior Project Architect
    Michael Graves Architecture and Design
    LinkedIn Profile | @ Twitter

    Comment


      #3
      Originally posted by MPwuzhere View Post
      So...think I am an evil person or way too easy on the guy?
      Despite my occasional Autodesk/Revit rants, I'm actually a really super nice patient easy-going accepting generous give the benefit of the doubt kind of person, but you've been way too easy on the guy. Not sure what you should do at this point though. Good luck trying to clean up that fiasco.

      Comment


        #4
        Originally posted by iru69 View Post
        Despite my occasional Autodesk/Revit rants, I'm actually a really super nice patient easy-going accepting generous give the benefit of the doubt kind of person, but you've been way too easy on the guy. Not sure what you should do at this point though. Good luck trying to clean up that fiasco.
        Be thankful I left out all the text messages to the guy.....

        BTW...my wife was texting a friend but accidentally sent a message to him. They started chatting, about me, the house, etc....then she questioned him on why he wasn't done yet. (Um...Yeah) He replied back that he was "zoned" and sent a selfie of him on the couch wearing nothing but boxers....If it wasn't for the fact I am going to rent my house here instead of selling it, I would never pay the guy....but I don't want any liens on my house when I am in Texas...

        (Oh...I had an app on my wife's phone that kept copies of all text messages...(Gotta love Androids)...I have the whole conversation backed up. If he was to try to take me to court? HA HA HA!!)
        Michael "MP" Patrick (Deceased - R.I.P)

        Comment


          #5
          Originally posted by pivoarch View Post
          Sounds like you've been more than fair, plus you need to cover your own ass. I wouldn't go out of your way to pay him, he obviously didn't go out of his to finish your house.
          Technically....he finished. Did he miss a bunch of spots...YES!

          Funny thing is... The contract originally was for pressure washing and painting my patio. Since the patio was not a insurance issue, we asked him to separate them. One for the Insurance company and one for us personally. Which is why I kept asking for the contract/statement. The latest bill is the one for the house, not for the patio. LOL. I'll bet he was so "zoned" he forgot the patio...

          EDIT: Oh....the reason he missed spots!! He brought in a friend of his to work for a while. The friend I found out has Leukemia (so I was told...they told my wife differently)...he was dying from alcoholism..and he was actually drinking when he was working on my fence! My wife said she saw him downing a few beers at their truck! Now I have no issues with people drinking on the job....as long as the work is done. (Heck, I plan on getting folks to help me in Dallas with payment of :beer::beer
          Excuses later: I had to take my friend to the hospital (same guy cleaning my fence).....My friend is in the hospital...(same guy)....My friend died....(Saw where this was going first day).

          BTW....my wife picked out the guy...this was a B-day present so I wouldn't have to do it myself...FML.
          MPwuzhere
          R.I.P.
          Last edited by MPwuzhere; March 7, 2015, 05:20 AM.
          Michael "MP" Patrick (Deceased - R.I.P)

          Comment


            #6
            Wow....now he is asking for $1450...because I am paying him direct instead of by credit card? I have no statement or contract for $1450.
            Michael "MP" Patrick (Deceased - R.I.P)

            Comment


              #7
              Originally posted by MPwuzhere View Post
              Wow....now he is asking for $1450...because I am paying him direct instead of by credit card? I have no statement or contract for $1450.
              do they have a Contractor's licensing board in ID? If so, give them a call and verify that the guy is licensed. If he's not don't pay him and take him to small claims court and have them SIUHA. Oh, and btw, you do have a contract albeit a verbal version. What was agreed upon becomes "the contract". He can't change the rules because you want to pay by check unless it was agreed to originally that you would pay be cc.
              I'm retired, if you don't like it, go around!

              Comment


                #8
                OMG...so now he says "I have recordings of our conversations and I don't need a contract!" Oh really? Prove it! Also did you say you were recording our conversations? Um no? That is illegal in Idaho...Not only that we never agreed on a price over the phone.
                Michael "MP" Patrick (Deceased - R.I.P)

                Comment


                  #9
                  Originally posted by Dave Jones View Post
                  do they have a Contractor's licensing board in ID? If so, give them a call and verify that the guy is licensed. If he's not don't pay him and take him to small claims court and have them SIUHA. Oh, and btw, you do have a contract albeit a verbal version. What was agreed upon becomes "the contract". He can't change the rules because you want to pay by check unless it was agreed to originally that you would pay be cc.
                  Yeah, he's not licensed...I looked it up. What is SIUHA?

                  Yes, we did originally agree on a CC charge when work was completed. That was back in late September. He doctored his statement for the end of the year.

                  Now he wants me to call him, as text messaging is not getting it done. LOL. Um. No. And now he is threatening a Lien on my house. I know for a fact that a bill had to be sent after the completion of services. He was fired the end of September. I did give him the option to finish some items to save face, he did not take it. I asked for final bill each day from the end of September to October 7, 2014 So we are way past the 90 days. If he files a lien without ever sending a bill to me, it won't take.

                  I did some work for someone, about a weeks worth of work and supplies when I was unemployed. Her partner authorized it and gave me the key. She got out of the hospital and she said she didn't authorize the work and wouldn't pay when she got my bill. I have pictures of what I did as the house was ruined. When I found out she was selling the place, I put a lien down about two weeks before the 90 days. So I got my money when they were selling the house.

                  So I have proof that work was completed in September. If he wanted to put a lien on the house that would have been latest in December.
                  MPwuzhere
                  R.I.P.
                  Last edited by MPwuzhere; March 8, 2015, 08:43 PM. Reason: Bill had to be given at completion of services...not 90 days after. If that was the case the Lien isn't an option
                  Michael "MP" Patrick (Deceased - R.I.P)

                  Comment


                    #10
                    Originally posted by MPwuzhere View Post
                    OMG...so now he says "I have recordings of our conversations and I don't need a contract!" Oh really? Prove it! Also did you say you were recording our conversations? Um no? That is illegal in Idaho...Not only that we never agreed on a price over the phone.
                    the guy is a nut job. If you pay him anything you have agreed to his take of the "contract" which again, is verbal, but a contract non the less. If you had a conversation something like:

                    you: I need a price to do X.
                    him: your price is Y.
                    you: how long will it take and when will you start?
                    him: I can start on Z and the price is $
                    etc
                    etc

                    if he didn't do what he said that he'd do at any stage of the game he is in breach of contract and I wouldn't pay him. Fortunately I have never had to deal with this kind of crap after major remodels to four homes and building two homes from scratch. People usually do what they say they are going to do and they get paid in kind. If I ran into someone like this guy, I'd just have my attorney call him but I definitely wouldn't pay him.
                    I'm retired, if you don't like it, go around!

                    Comment

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